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(영문) 울산지방법원 2019.01.24 2018고단2402
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Costs of lawsuit shall be borne by the defendant.

Reasons

Criminal facts

On July 11, 2018, at around 09:36, the Defendant driven a F Talball vehicle under the influence of alcohol concentration of 0.203% at the section of approximately 0.7 km from the road front of a restaurant located in Yangsan City B to the same city D and E-cafeteria.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Results of CCTV images verification by this court;

1. The Defendant asserts to the effect that the vehicle in this case was parked and drinking in the vehicle, and that the vehicle in this case was not driven in the drinking condition. The Defendant asserted to the effect that the vehicle in this case did not drive in the drinking condition.

In light of the evidence duly admitted by this Court, the defendant is found to have driven the automobile of this case in a drinking condition. Thus, the defendant is found guilty of the facts charged of this case.

① When the Defendant stated that an acting driver driven the instant vehicle at the time of initial crackdown, the Defendant made a statement to the effect that he dices in the vehicle after parked while driving the vehicle without drinking alcohol at the police investigation, and the Defendant made a statement to the effect that he dices in the vehicle during the police interrogation.

- When it is confirmed that the CCTV images of this case were not driven by a substitute driver, the defendant is not doubtful that he dices alcohol in the field of the train.

- Control police officers give testimony in this court that there is no sufficient statement to the effect that the defendant drinks alcohol in the first place.

② 이 사건 CCTV 영상에 의하면, 피고인은 사건 당일 08:33:34에 이 사건 도로에 다소 느리게 진입하여 중앙선을 걸친 상태로 정차하였다가 반대편에서 차량이 오자 08:34:15에 2~3M 진행하여 도로에 주차하였는데, 다소 어정쩡하게 편도 1차로 도로를 2/3 가량 차지고 하고 있어 다른 차량의...

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