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(영문) 서울남부지방법원 2015.11.11 2015고정1440

도로교통법위반(음주운전)

Text

Defendant

B The Defendant A shall be punished by a fine of 5,000,000 won, and a fine of 4,000,000 won, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On December 28, 2014, Defendant B, at around 05:36, at the Dak Center (Scar) parking lot located in Gangseo-gu Seoul Metropolitan Government, there was a conflict between the victim F (year 40) G of the victim F (year 40) who was parked in the said parking lot and the back part of the left-hand part of the vehicle, with the back-hand part of the K5 vehicle left-hand part.

Since then, the police officer, who was called to the scene, confirmed the situation that there is a collision with a Vietnam or a vehicle in the state that a police officer has turned on the vision of K5 vehicles, and identified who drives the vehicle, and the defendant who was on the site stated that he driven K5 vehicles.

On the spot, the police officer in charge of entering and leaving the police station had a red face of the defendant, having a large amount of smelling in the entrance, and having made a statement that he had driven k5 vehicles, and thus, the drinking driving was doubtful, and the defendant was accompanied by the transportation survey agent office, and the defendant refused the demand for a drinking test conducted four times from 08:48 to 09:19 on the same day at the transportation survey agent office.

After all, the defendant was requested for a measurement of alcohol on the grounds that there are reasonable grounds to suspect that he/she was engaged in drinking alcohol, but did not comply with it without justifiable grounds.

2. On December 28, 2014, Defendant A driven a approximately 4M car volume with approximately 0.118% alcohol level while under the influence of alcohol at the parking lot of the Dcar Center (Sk Center) located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Each employer-employed driver report, and each employer-employed driver report on the actual status of each employer-employed driver;

1. Each internal investigation report (with respect to requests for and refusal of measurement of drinking alcohol to B, and with respect to measurement of drinking alcohol to A, and with respect to the application of the Ramark formula to the measuring values of drinking alcohol conducted by A);

1. Application of the Acts and subordinate statutes to a report on investigation (flag CCTV in the Dcar Center);

1. Article 148-2 (1) 2 and Article 44 (2) (Selection of Fines) of the Road Traffic Act: Defendant A who has the option to commit the crime;