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(영문) 수원지방법원 성남지원 2017.01.18 2016고정86

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a cuss car in D.

On September 2, 2015, the Defendant driven the said vehicle under the influence of the single mar alcohol concentration point (0.148%) of the blood alcohol concentration in the middle of the 4.5 km from the front of the water house located in the Shigdong-gu, Sung-nam-si, Sungnam-si to the front of the same Gu Geumdong-dong, to the street of the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the circumstances of driving under drinking, notification on the results of crackdown on driving under drinking, and application of statutes governing field photographs;

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

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument that the Defendant asked a substitute driver to drive on the road, and that there was a dispute over the direction of the operation of the driver on behalf of the driver on the road and the driving direction of the vehicle, or that the Defendant, who is aware of the course of the vehicle under the influence of alcohol, the substitute driver stopped the vehicle of the Defendant and moved the vehicle to another place along the Defendant’s vehicle.

No defendant has driven a drinking alcohol.

2. Determination

A. In a criminal trial, the finding of guilt must be based on evidence of probative value, which is sufficient to lead a judge to a reasonable doubt that the facts charged are true, and if there is no evidence to form such a conviction, even if there is a doubt of guilt against the defendant, the interests of the defendant should be determined. However, such conviction is not necessarily required to be formed by direct evidence, but is formed by indirect evidence unless it violates empirical and logical rules. Even if indirect evidence does not have a complete probative value as to the facts charged individually, the entire evidence is mutually related.