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(영문) 수원지방법원 안양지원 2014.08.21 2014고정257
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 December 17, 2013, around 22:40, the Defendant driven a D-hurn-purn-purd-purd-pured-pured-purd-purd-purd-purd-purd-pured-pured-purd-purd-purged-purd-purd-purd-purd-pur

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The Defendant and the defense counsel in determining the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order denies the Defendant’s crime, since the Defendant’s act of driving a car as a substitute engineer, which was controlled by the police in a state where the Defendant was diving, and the Defendant was not driving.

In this Court, the police officer E, who called to the site, clearly stated in this Court that "the defendant was a CCTV image installed near the place where the defendant's driver's driver's car stops, and made a statement that the defendant parked a vehicle on the way near the library in which the defendant's driver's vehicle was driven by telephone, not the place where the control was conducted, but the defendant's vehicle was parked on the way near the library in the Ho-gu Library, and there is no other circumstance to reject its credibility. Thus, the fact that the defendant driven a vehicle as stated in the judgment can be acknowledged.

Therefore, the defendant and defense counsel's arguments are not accepted.

Based on the old sentence of a prosecutor (1.5 million won of a fine) and the example of sentencing of the same kind of case, the court shall maintain a fine of 1.5 million won of a summary order, taking into account various circumstances that form the conditions of sentencing specified in the arguments and records of this case.

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