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(영문) 창원지방법원 2016.05.26 2016고정301
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On January 31, 2016, while under the influence of alcohol level of 0.058% among the blood transfusions, the Defendant driven a Cchip car at the section of approximately 1.5 kilometers from the section of 1.5 kilometers to the front of the mountain church located in the building of the same city located in the building site located in the south-dong of Changwon-si, Sungwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Detailed statements made by drivers of alcoholic beverages, inquiry of the results of regulating drinking driving, and application of statutes to reports on detection of drivers of alcoholic beverages;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Recognizing that the Defendant’s summary of the assertion results of 0.058% alcohol concentration measurement against the Defendant, although the Defendant’s final drinking time is about 20:30 on January 31, 2016, and the Defendant’s final drinking time is about 21:00 on the same day, and the time when drinking is measured is about 21:29 on the same day, and the time when drinking is measured at around 21:29 on the same day, and thus, the time when the measurement was conducted at around 21:0 on the same day, the Defendant driven a motor vehicle under the influence of alcohol exceeding 0.05%.

shall not be deemed to exist.

2. According to the evidence duly adopted and examined by this court, the Defendant: (a) on January 31, 2016, when driving the said vehicle on the front side of the Southern church, the Defendant: (b) controlled the operation of the said vehicle by drinking; and (c) measured the drinking by the respiratory measuring instrument immediately; (b) at the time of the control, the Defendant stated to the effect that “the Defendant breath by mixing with the beer and bee liquid, breath, and 21:04, the final drinking time is 21:04,” and (c) the Defendant was investigated by the police around February 15, 2016, which was under the control of the police around February 15, 2016, after drinking the said vehicle from around 19:30 on January 31, 2016 to around 20:30 on drinking alcohol and drinking alcohol at a restaurant, and from around 20:30 on October 20, 2010.

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