도로교통법위반(음주운전)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On September 25, 2015, the Defendant: (a) 20:30 on September 25, 2015, the Defendant driven C C, while under the influence of alcohol content of blood at approximately 0.271% at a distance of approximately 200 meters in front of the Chang Village located in the Do of the Simdo.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, E, and F;
1. Response to a request for appraisal;
1. The ledger using the measuring instruments for drinking;
1. A report on the occurrence of a traffic accident (1 notice);
1. Application of Acts and subordinate statutes governing field evidence photographs;
1. Relevant Article 148-2 (2) 1 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. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant's wife will take follow-up measures after paying around 20:30 on the day of the argument of the case;
On the other hand, the defendant has returned to her own house of her own, talked with her own food and drinking alcohol. The police officer called to her house and measured drinking at 23:00 on the same day.
Since the defendant measured a high level of alcohol level in blood due to the additional drinking after driving, there is no sufficient proof of alcohol level in blood.
2. In light of the following circumstances acknowledged by each evidence as seen earlier, particularly the time when the Defendant left the scene of an accident and the time at which the respiratory test was conducted, the interval between 20 to 30 minutes, and the Defendant did not seem to have any additional scam of drinking at F’s house at the time when the Defendant met the police officers at F’s house, it is determined that the Defendant was under the influence of drinking, even though the Defendant did not make any additional drinking after driving alcohol.
㈎ 피고인은 술을 마시다가 주차된 차량을 이동하기 위해 운전하였고 사고 당일 20:30 경 주차되어 있는 다른 차량을 추돌하는 교통사고를 내 었다.
㈏ 교통사고 이후 피고인의 상대방 측이 당일 20:41 경 112 신고를...