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(영문) 서울서부지방법원 2016.05.17 2016고정106
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 21, 2015, while the Defendant was under the influence of alcohol of 00:50% during blood, the Defendant driven a vehicle of approximately 4 km from the front day of Yongsan-gu Seoul, Yongsan-gu, Seoul, to the front day of the gas station in Yongsan-gu, Seoul, to the front day of the entrance of the lock-gu underground tunnel due to the river of Mapo-gu, Seoul.

Summary of Evidence

1. Legal statement of the witness D;

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. An explanatory note and a report on investigation;

1. At the time of crackdown A, the Defendant asserted that, while returning to the Republic of Korea, a proxy engineer was unable to drive the vehicle any longer due to the breakdown of the vehicle, he was divingd in the vehicle.

However, in light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, the above assertion by the defendant cannot be accepted.

A. During the patrol, D, a traffic patrol officer, discovered the Defendant’s vehicle standing at the center of the entrance of the lock-gu underground tunnel along the entrance of the Mapo-gu Seoul, Mapo-gu, Seoul, and at the same time, the Defendant was seated at the driver’s seat while turning on the Defendant’s headlight at the time.

B. D found the Defendant’s vehicle in stopping on the road north of the above river, driving the said vehicle without the Defendant, and parked the vehicle to a safe place, and controlled the Defendant’s drinking.

(c)

At the time D, when the vehicle of the defendant was parked while driving the vehicle of the defendant, the vehicle of the defendant did not have any problem in driving, and after the drinking control, the driver was not a substitute driver, and the defendant was returned to the defendant after the enforcement of the law).

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;

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