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(영문) 서울중앙지방법원 2016.05.03 2016고정60
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle from Churd MD.

On November 14, 2015, the Defendant driven the said car at a level of about 500 meters from the roads near the Gwanak-gu in Seoul Special Metropolitan City, to the roads 1704 in south-ro, south-ro, south-ro, 2015, while under the influence of alcohol level of 0.103% among blood transfusions.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the details of the detection, the results of crackdown on the driving of drinking and the statement of the circumstances of the drinking driver;

1. The CCTV shot photographs and CCTV video CDs were arrested at the driver's seat at the time of the instant case, and the Defendant's car was parked on the road in front of the south-west 1704 and then stopped on the road, and the police can confirm that there is no person who gets out of the driver's seat, and there is a part of the CCTV screen that can be found on the CCTV screen. However, if a substitute engineer driven the Defendant's car to the said place and parked, and then left the driver's seat, it would be visible that he moves to the road or enters the delivery. This is not always visible.

In fact, when there is a person on another vehicle stopped after Defendant’s vehicle, it seems clear that the person enters the vehicle by India.

In full view of other evidence, the facts charged can be fully convicted.

[Application of Acts and subordinate statutes]

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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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