도로교통법위반(음주운전)
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On August 15, 2015, the Defendant driven a D low-speed car from a place where it can not be known while under the influence of alcohol level of 0.164% from around 23:30 on August 15, 2015 to around the village of Gohap-gun, Gyeongcheon-gun.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. A person who did not drive his/her vehicle while drinking the gist of his/her argument and even was driving;
Even if a witness E drives at the house of the witness E, the place of driving does not fall under the road.
2. According to each legal statement of the witness E and F, around August 15, 2015, the Defendant was not parked in the vicinity of the witness E’s house until the end of the same day. On the same day, around 23:30 of the same day, the Defendant was driving the said vehicle while drinking, and then entering the house of the witness E., and the Defendant driven the said vehicle on the road near the witness’s house under the influence of alcohol. In short, the Defendant driven the said vehicle on the road near the witness’s house.
The decision is judged.
Therefore, the defendant and defense counsel's above assertion is not accepted.
The portion not guilty (not guilty)
1. On August 15, 2015, the summary of this part of the facts charged: (a) the Defendant driven a fluorous car from the neighboring old world of the sublim elementary school located in each Ri in the Gan-gun of Gyeongnam-gun with alcohol level of 0.164% under the influence of alcohol level around 23:30 on August 15, 2015 to the village in front of C.
2. There is no evidence to acknowledge the distance of driving and driving under the influence of alcohol by the Defendant as stated in the facts charged as above.
However, this part of the facts charged is a single crime and facts charged prior to the conviction.