beta
(영문) 의정부지방법원 2015.02.12 2014고정1929

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 15, 2014, at around 23:20, the Defendant driven a DPoter Ⅱ in a section of about 1 k meters from the south-si, Namyang-si, Namyang-si, Gyeonggi-do, with a level of alcohol content of approximately 0.176%.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, circumstantial reports on drinking drivers, reports on the detection of drinking drivers, and inquiries into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to traffic accident sites and photographs of damaged vehicles;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the grounds of conviction and sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order. At the time, the defendant argued to the effect that he denied driving under the influence of alcohol, such as written in the facts charged, since he had an accident by drinking cans from E and convenience stores, and continues driving at home after the accident and became subject to a police officer's request for a alcohol test.

However, according to the evidence duly adopted and examined earlier, from May 15, 2014 to May 23:15, 2014, the Defendant drank alcohol together with the factory rent at the head of the staff house located in the Southern-si, Nam-gu, Namyang-si, and driven the vehicle from May 15, 2014 to the head of the Defendant’s house located at a distance of about 1km from the above head of the staff house, and caused an accident at the Defendant’s parking lot around May 23:20, 2014; the Defendant measured the alcohol level at the police officer’s request after receiving a report on May 15, 2014, and recognized the fact that the blood alcohol concentration came from 0.176%.

Before the police investigation stage, the Defendant stated the same contents as the above facts, and only he can can can be driven with the cans only when it comes to this court.