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(영문) 광주지방법원 2014.07.16 2014고정546
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

The defendant is a person who is engaged in driving a C-3 car.

On February 10, 2014, the Defendant was under the influence of alcohol of 0.169% in blood alcohol concentration at around 20:30 on February 10, 2014, and operated approximately 2 meters in advance of a lot on the roads in Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. A written report and circumstantial statement of an employer-driver;

1. At the time of an accident, the Defendant and his defense counsel asserted that the Defendant was driving a motor vehicle while she was driving the motor vehicle in order to make the string of the string, and did not drive the motor vehicle.

In light of the video and accident photographs of CCTV at the time of the accident, the defendant was not a driver on behalf of the defendant, but was parked side, so it could not be deducted from the vehicle. While the defendant was on board the borrower of the vehicle parked side by the proxy, he was on board the vehicle while he called the borrower of the vehicle parked side by the driver on behalf of the defendant (round 11 seconds of the video). After the driver on behalf of the defendant, the driver on behalf of the defendant left the vehicle, left the vehicle while the driver was on board the vehicle, her moving the vehicle again, her moving the vehicle at the time (round 54 seconds of the video) and her moving the vehicle (round 11th of the video, the time of image was 17 seconds of the video, but in fact, the CCTV is seen to rapidly cut off the CCTV image in the process of rerecording the CCTV image, it seems that the motor vehicle actually fell into the left side of the collision, and the quith of the vehicle and the motor vehicle in front of the collision.

If the facts are the same, the defendant's and the defense counsel's assertion can be accepted because the vehicle was not moving regardless of the defendant's will, but it can be sufficiently recognized that the defendant driven the vehicle.

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