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(영문) 창원지방법원 통영지원 2016.06.17 2016고정114

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 January 16, 2016, at around 03:20, the Defendant driven a F SP car while under the influence of alcohol content of about 0.112% from the 7.2km section from the front of the FS convenience store located in 1599, the GG Doz. to the front day of the same city-nam YG Doz. 9, the Defendant driven a F SP car with approximately 7.2km alcohol content of blood.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Report on detection of a driver driving a driving driving and inquiry about the result of crackdown on drinking driving [In full consideration of the witness’s statement, situation at the time, and the status of the defendant, it is sufficiently recognized that the defendant driven a driving under the influence of alcohol as stated in the facts constituting the crime in the judgment, and otherwise, a third party, other than the defendant, driven a driving

It is difficult to recognize the circumstances that can be seen.

Therefore, the defendant and the defense counsel disputing this issue shall not be accepted.

1. Article 148 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148 (2) 2 and 44 of the same Act applicable to the selective punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is so decided as per Disposition on the grounds of not less than the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;