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(영문) 의정부지방법원 고양지원 2017.08.10 2017고정282

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 15, 2016, the Defendant driven B non-motor vehicle under the influence of alcohol content of about 500 meters at a section of approximately 0.181% from the 56th of the Yannam-si, Seoyang-gu, Seoyang-gu, Seoyang-si to the front road of the Yannam-ro apartment site for the promotion of light consumption located in the 133th of Goyang-si.

Summary of Evidence

1. Statement made by the police against C;

1. A traffic accident report, a traffic accident report, a statement on the circumstances of a driver who takes driving, notification of the results of regulating the driving of drinking, and a report on the circumstances of driving on drinking;

1. Each report on investigation;

1. A CD ( neighboring CCTV image) [the defendant, when the police was first controlled, breathd 2 illness at her native house when she was boomed, but she was stated that she was driven by her native house, not her driving, but her driving again after her driving, reversed her statement that she was drinking within the vehicle after stopping. This appears to have been reversed clearly in light of cctv images or statements by witnesses in light of the circumstances at the time when the defendant was discovered, she rhyd the horses in light of the circumstances at the time of detection, the state of her walking is very vague, and the blood color

In the record, the defendant was also faced with an accident that shoots another parked around the vehicle when driving the parked vehicle, and when the defendant was able to drive the vehicle, a little string distance was shown, and the witness was also driving under the influence of alcohol, while the defendant was able to see his hand as X and sound, and was driving under the influence of alcohol.

In full view of the facts that the defendant stated on the road, the defendant has been divingd after stopping on the road, etc., the defendant may sufficiently recognize that he was driven under the influence of alcohol.

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;