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(영문) 대전지방법원 홍성지원 2017.08.17 2017고정48

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant driven a 3 km or a vehicle owned by the Defendant from the front of the Yannam Budget-gun hot spring site 2 to the front of the 23 Madsan Madsan Madsan-ro, 447 km-ro, Chungcheong budget-gun, in a state of under the influence of alcohol content of 0.12 (on a zero point) during blood transfusion on October 31, 2016, to the end of 447 km-ro, Chungcheongnam-gun, Yansan-ro, Madsan-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The ledger using sobling measuring instruments;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the Defendant and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, at the time of the measurement of alcohol alcohol of this case, were acquitted insofar as the police officer’s voluntary accompanying at the time of the measurement of alcohol of this case was illegal and so the alcohol was measured under an illegal state, or that the Defendant’s measurement of alcohol containing the volume of 1-thrads of drinking on

The voluntary accompanying of this case constitutes a voluntary accompanying under the Criminal Procedure Act and must be strictly permitted only when it is proved by objective circumstances that the defendant's voluntary will was accompanied by the investigative agency, etc. (see Supreme Court Decision 2005Do6810, Jul. 6, 2006). The following circumstances, which were recorded in the records of this case according to the evidence in the judgment, are limited to the extent that the defendant had a large amount of drinking alcohol and a considerable amount of time in the vehicle, and the police officers dispatched after receiving a report from the South Korean office door door door door to the South Korean office door door door to move to a very hot place. The defendant voluntarily accompanying to the Dobongsan National Security Center. < Amended by Presidential Decree No. 20190, Jul. 6, 2006; Presidential Decree No. 20130, Feb. 2, 2006>