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(영문) 울산지방법원 2016.08.26 2016고정205
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on November 24, 201, a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act was issued by the Ulsan District Court on November 24, 201.

On December 12, 2015, the Defendant driven C 130 automobiles in the state of alcohol exceeding 0.5% alcohol content from approximately 50 meters away from the south-gu office parking lot located in Ulsannam-gu, Ulsan-gu to the preceding road of the Kafin cin coffee located in the same Dong from around 22:40 to the road of the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Inquiries about the results of crackdown on driving under drinking, a report on the circumstances of driving under driving under drinking (except for the column of the driver’s opinion and the column of the driver’s signature);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries into criminal history and criminal investigation reports (Attachment to the same type of criminal records and summary orders);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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;

1. Determination on the assertion of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. Summary of the assertion

A. The police officer in charge of crackdown measured the Defendant at a level of 25 meters forced to attract the Defendant to 25 meters, and then falsely stated the statement in the circumstances of driving in which the Defendant was placed, and the Defendant entered in the “ driver’s opinion statement” column and “ driver’s signature” column.

B. From 22:43 to 20 minutes of drinking, the Defendant measured drinking as water to suffer from drinking while measuring alcohol at 23:01.

(c)

There is no objective evidence to acknowledge that the Defendant’s blood alcohol concentration at the time of driving of the instant case was 0.114% as a result of drinking alcohol.

2. Determination

(a)with respect to the allegation in paragraph (a) above, “a”;

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