(영문) 창원지방법원 2012.10.12 2011고정2251

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(영문) 창원지방법원 2012.10.12 2011고정2251

도로교통법위반(음주운전)

Text

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

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On April 7, 2011, at around 07:02, under the influence of alcohol of 0.150%, the Defendant driven Csch Rexroth car in the section of the section of the area from which Csch Rexroth car is included in the section of the area from which C.S., to the front road of the entrance of a public parking lot in the vicinity of the common parking lot in the Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si.

Summary of Evidence

1. Partial statement of the defendant;

2. Each legal statement of witness D, E, and F;

3. Each legal statement of witness G and H in part;

4. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

5. Statement by the prosecution concerning D;

6. Report on actions taken against an employer, and report on the status of an employer-employed driver;

7. Vehicle photographs;

8. The defendant's assertion on each investigation report (to hear the statement of a police officer, confirm the location of the place of departure from drinking, hear the statement of a police officer in charge), asserts that on the day of the instant case, the defendant parked the vehicle at the place where the instant case occurred, left the vehicle after drinking, and was diving within the vehicle, and that there was no fact of driving on the day of the instant case.

In light of the following circumstances acknowledged by the evidence, namely, the instant vehicle is allowed to enter the public parking lot to the extent that access to the public parking lot is impossible, but the heavy-type vehicle was parked in the entrance of the public parking lot to the extent that access to the public parking lot, ② the Defendant’s vehicle cannot enter the public parking lot, and thus, the police reported to the police was stated in the court that “the Defendant’s vehicle was at the time of operation and the driver was faced with head to hand,” ③ G, the Defendant’s daily driving of the substitute driving engineer, stated in the court that “the Defendant was the driver of the vehicle at the night, while the Defendant was a substitute driving engineer.” On the other hand, the Defendant reported to the prosecutor’s office that the Defendant called the substitute driving company at his own seat.

유사 판례

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