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(영문) 수원지방법원 2014.02.13 2013고정2218
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 2, 2012, the Defendant was under the influence of alcohol of 0.087% with blood alcohol concentration around 22:3 on June 2, 2012, the Defendant driven Cunst cargo vehicles at the 1km section of approximately 1km from the tower distance in the vertical line of the Suwon-si, Suwon-si to the front of the gold dong, Suwon-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. At the time of the alcohol alcohol measurement, the Defendant was found not guilty on the ground that the police officer fell into the PP and only given the PP World Cup to the PPP, and the Defendant did so as to take a drinking test without drinking water, and that the drinking water level in the judgment is not correct.

2. The following circumstances acknowledged by the evidence of the judgment, including the statement of the witness D and E, are not subject to a drinking test at the time of traffic accidents, etc., but the Defendant was subject to a drinking test from the traffic control police officers in charge of the traffic control at the time of the occurrence of traffic accidents, etc., and the Defendant was in charge of a drinking test for the purpose of drinking control. In order to control drinking, the Defendant prepared for the water equivalent to the second-class disease for the purpose of drinking control. The number of drivers on the day of the instant case was 6-7, and the number of drivers at the time was 6-7. The number of drivers at the time of the instant accident was sufficient for the water level of the first-class disease, and the police officer, who was the head of the team, takes charge of a drinking measuring instrument. In other words, the head of the team D, who was the head of the police team, takes charge of a drinking measuring instrument after dividing the water into the second-class disease, and whether the drinking measuring instrument could have been in force before the drinking measurement.

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