도로교통법위반(음주운전)
Defendant shall be punished by a fine not exceeding 1.5 million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
It revised ex officio to the extent that it does not actually infringe the defendant's right of defense.
The defendant is a person who drives a rocketing car.
On November 10, 2018, the Defendant, while under the influence of alcohol more than 0.05% of blood alcohol content on at least 08:25, the Defendant driven the said car at a section of about 1 km from the street in the vicinity of the Mannam-si, Sungnam-si to the front of the police box in the same Taepyeong-dong.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness D and E’s legal statement, and the witness F’s legal statement;
1. The circumstantial statement statement and investigation report of the employer (the report on the status of the employer driver);
1. The relevant photograph (which appears to have increased the blood alcohol level at the time of measurement) was measured by the Defendant from 08:25 to 08:65 to 6 minutes after the blood alcohol level of the Defendant’s blood alcohol level exceeding 0.05% as a result of the alcohol measurement conducted by the Defendant at 08:31 to 6 minutes after the vehicle was finally discovered, and the police officer drafted to provide the Defendant with living water so that he/she can be placed on his/her water as water, and conducted a measurement after drinking, and the investigation report (which is in compliance with the main driver’s report, the Defendant was in a state of drinking above a certain level: rhyth: the Defendant’s speech condition, and the blood color of the driver: several red sounds: the Defendant sufficiently recognized the fact that he/she has driven under the influence of alcohol with a blood alcohol level exceeding 0.05%.
Application of Statutes
1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;
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;