(영문) 춘천지방법원 2018.01.30 2017고단964

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.01.30 2017고단964

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 30, 2017, the Defendant, at around 05:50 on around 05:50, driven a drinking in the section of approximately 100 meters at the same apartment parking lot, starting from the front of the 304 front of the offline apartment complex at the time of Chuncheon the volume of CN-si car at around 0.16% (equipment measurement) with alcohol concentration in blood.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The CD (the defendant and his defense counsel moved the vehicle to the underground parking lot, and only dice 2 illness in the vehicle after moving the vehicle to the underground parking lot, but did not have a drinking condition at the time of moving the vehicle to the underground parking lot;

On August 29, 2017, the day before the trial of this case, the Defendant stated that he did not drink after drinking alcohol at around 13:00 to 14:00 on August 29, 2017, the day before the trial of this case (a written opinion submitted by the Defendant to this court prior to the commencement of the trial, the Defendant stated that he did not drink the alcohol before the occurrence of this case). A police officer, who controlled the Defendant’s driving of alcohol, stated that the Defendant would drink alcohol as above, had been drinking at around 14 hours after the Defendant stated that he would drink, and that the Defendant was drinking at around 304 hours after receiving a report of this case from this case on August 30, 2017 to around 03:51, which was called to the Defendant and the Defendant at the time of the Defendant’s interview.

If the defendant's statement is made that it is difficult to believe the above statement of the defendant, and the driver was not in a state of drinking at the time of driving, or the driver was driving in a state of drinking where it is impossible to receive the same measurement as the criminal facts stated in the judgment of the degree of alcohol alcohol during blood, and then breath in the vehicle, the driver of the common sense is only breath after parking the vehicle to the traffic officer at the site.

유사 판례

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-청주지방법원 2017.06.16 2016노1451

-춘천지방법원 2013.12.04 2013노343