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Reasons
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(영문) 청주지방법원 충주지원 2013.10.02 2013고정120
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 27, 2013, around 20:55, the Defendant: (a) driven a car owned by the Defendant with approximately 100 meters section from the front to the D community hall in the state of drinking alcohol concentration of about 0.098%.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of the witness F in the third trial record (the defendant's act of drinking alcohol while driving alcohol, and the degree of drinking alcohol was 4-5 cans of bed after driving, so the amount of drinking alcohol in the facts charged in this case cannot be acknowledged since the defendant measured the level of drinking after drinking alcohol after driving. However, in full view of each evidence such as the above F's statement, it is difficult to believe that the defendant stated 4-5 candys of bed after driving alcohol in the police only when he stated 1 candys of bed, and it is difficult to believe that the defendant stated 4-5 candys of bed, and that the defendant applied 0.098% of the blood alcohol concentration of 0.098% (the defendant applied the 1 candys of bed after driving of this case to the defendant under the premise that he dys of being drinking after driving of this case) in favor of the defendant.

(ii) sufficiently recognize the fact that a drinking driver has driven under the influence of alcohol;

1. G statements;

1. Statement of the status of the driver;

1. The application of investigation report (the calculation of the blood alcohol concentration in the defendant) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act of the choice of punishment; the selection of fines (in addition to the one-time fine, there are no previous convictions other than the criminal defendant; the defendant has no previous convictions other than the previous convictions; the defendant has no previous convictions other than the same kind of fine; and other circumstances which form conditions for sentencing recorded in the records,

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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