도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 8, 2008, the Defendant received a summary order of KRW 500,000 from the Cheongju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on April 26, 2010, respectively.
On July 18, 2014, around 03:35, the Defendant driven a fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-g
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Records of enforcement of E preparation;
1. In a case where a police officer’s act of making a circumstantial statement and detection report on a driving driver, and a police officer’s act of driving the Defendant on the earth constitutes an illegal arrest, the demand for a drinking test conducted in such situation shall be deemed an illegal investigation. The result of a drinking test conducted in compliance with such demand shall be deemed to be an illegal investigation. The admissibility of evidence is not acknowledged
(See Supreme Court Decision 2010Do2094 Decided March 14, 2013). The Defendant responded to a drinking test by accepting a proposal to the effect that “the Defendant shall confirm and deal with the case after confirming the facts of driving, etc. on his/her behalf,” and that “the Defendant shall confirm the vindication of the facts of driving on his/her behalf and deal with the case accordingly.” In light of the witness E’s legal statement, the circumstance leading up to responding to the Defendant’s request for accompanying and the reason for refusing to affix seals to the report on the detection of drinking drivers, etc., the Defendant’ voluntary behavior against the Defendant is lawful by his/her voluntary will.
Therefore, the admissibility of all the report on the circumstances of a drinking driver and the report on the detection of such report, which contain the result of a drinking test according to the request for a drinking test conducted in a legitimate voluntary driving, can be recognized.
Investigation report (the blood alcohol concentration) and capture of video information data
1. A previous conviction in judgment: