도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
At around 00:00 on September 16, 2014, the Defendant driven a Cpote car owned by himself while under the influence of alcohol concentration of 0.187% from the 468-4, the additional road of Geumcheon-gu Seoul Metropolitan Government.
Summary of Evidence
1. Legal statement of witness D;
1. Each police statement of E and D;
1. Each statement of E, F, and D;
1. A traffic accident report;
1. A traffic accident occurrence report;
1. An accident site photograph;
1. Registers of driver's licenses;
1. Inquiry into the enemy;
1. A certificate of measurement of drinking alcohol;
1. Each host driver report;
1. A report on the actual state of the driver;
1. A written appraisal of blood alcohol;
1. Control note;
1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The defendant asserts that he/she had no intention to drive, as to the claim of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act.
In light of the above evidence, E stated at the investigative agency that “E was waiting to stop his taxi and wait for customers at the front of the exit of 5 additional digital group area of 468-4 additional digital group located in Geumcheon-gu Seoul at the time, Geumcheon-gu, Seoul at the time.” However, the above automobile of the Defendant was directly driven by the above automobile, and D, which is the Defendant’s corporate partner, was moving back to the road front of the exit of the above digital group area No. 5 of the additional digital group area. At the time, the above automobile was located more than 10 to 20 meters away from E taxi, and at the time of the accident, it can be recognized that the Defendant was seated as being leading to the driver’s seat of the above vehicle with the starting and headlight. Accordingly, according to the above criminal facts, the Defendant was driving on the road.