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(영문) 춘천지방법원 원주지원 2017.11.16 2017고정149
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2017. 1. 22. 06:40 경 혈 중 알콜 농도 0.116% 의 술에 취한 상태로 원주시 장미공원 길 17에 있는 ‘ 유쾌한 포차’ 앞에서 원주시 천사로 76에 있는 ‘ 쏘쌩크’ 앞까지 약 10m 구간에서 C 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. A report on the detection of the driver at the main place, a report on the situation of the driver at the main place, and a report on the situation of the driver at the main place [the defendant alleged that the vehicle was not driven by the above vehicle, but the defendant alleged that the above evidence was not used, namely, the following circumstances that can be comprehensively recognized, i.e., the defendant: (i) he directly observed the defendant's criminal scene and reported on the 112; (ii) it is difficult to find any special circumstances that the defendant reported on the driving of drinking; (iii) the defendant, who was a police officer called to the scene upon receipt of a report, was present on the vehicle; and (iv) whether D was driven by the defendant; and (v) the defendant led to the confession of the vehicle as stated in the facts charged; but (v) it is sufficiently recognized that the defendant responded to the instructions of the driver at the stage of drinking or made a report on the driver at the bar, and the result of the defendant's testimony or the report reflected in the order of drinking.]

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 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. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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