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(영문) 광주지방법원 2016.02.18 2015고정448
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 31, 2014, the Defendant driven a CF car on the front side of the 'Madern Apartment with Gwangju Seo-gu World Cup', while under the influence of alcohol content of 0.122% during blood transfusion around 00:20%.

The facts charged are as follows: from the 'E' restaurant near the Seo-gu in Gwangju-gu to the 'E' 'E' 4-ro of the same Gu monthly World Cup, the CFD car was driven from the 1km section to the 'Madju Hyundai Apartment' road.

Although the evidence submitted by the Prosecutor alone, the Defendant was driving from the above cafeteria to the above cafeteria.

As above, there is insufficient evidence to acknowledge the crime, and there is no other evidence to acknowledge it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Protocols of examination of the witness to I;

1. Report on detection of any violation of traffic laws on roads, inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver's license, image photographs at the time of dispatch of the scene of the traffic accident, investigation report (person's telephone conversations, etc.), application of the statutes for inquiry and replies

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant was seated at the driver's seat of the vehicle as indicated in the ruling at the time and place, and there is no fact that the Defendant driven the vehicle.

2. The following facts are acknowledged according to the evidence mentioned above of the facts of recognition.

A. At the time, the police officer received 112 reports, and arrived at the same time and place as indicated in the judgment, the Defendant was holding a window and locked on the driver’s seat of the vehicle as indicated in the judgment.

B. At the time, the said vehicle was parked in the middle of the two-lane road in the direction of the starting and headlights.

(c)

The defendant is "E in Seo-gu, Seo-gu."

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