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(영문) 대전지방법원 2017.01.20 2016고정1031

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On May 8, 2016, the Defendant driven D1 ton cargo in the front side of the Defendant’s garden located in Daejeon Dong-gu Daejeon Dong-dong, Taedong-dong, 107, at approximately 10 km in front of Dong-dong, Taedong-dong, Daejeon Dong-dong, under the influence of alcohol concentration of 0.076% among the blood transfusions around 18:13 on May 8, 2016.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Indicating the results of a traffic accident report (1), (2), on-site photographs of the accident, notification of the results of crackdown on the driving of alcohol, the circumstantial statement of the driver under driving, and inquiry into the results of crackdown on

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 7);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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 to the effect that he dynasty dynasty dynasty by setting up a vehicle after a traffic accident occurred while driving the vehicle, etc. under Article 334(1) of the Criminal Procedure Act.

However, the following circumstances can be seen from the evidence of the judgment: (i) the Defendant caused a traffic accident that shocks the left side of the Defendant’s vehicle back to the left side of the vehicle driven by E; (ii) the Defendant parked a vehicle in a place outside of the site and returned to the scene of the accident after the Defendant arrived at the police; (iii) it is difficult to easily understand that the Defendant, who caused the traffic accident, was under the influence of alcohol at the risk of being suspected of being drunk by driving; and (iv) it is difficult to easily understand that the alcohol concentration in blood during the 10 minute appears to be impossible to drink to the extent of 0.076%; and (iii) according to the Defendant’s assertion, the point of the traffic accident, the Defendant started to proceed to the point of the traffic accident to the extent of 10 meters.