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(영문) 의정부지방법원 고양지원 2016.05.13 2015고단1159
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on December 21, 201, and a fine of three million won as a fine in the first branch court in the Chuncheon District Court on March 19, 2014, respectively.

On 26, 2013. 26. 26. 00:07, the Defendant: (a) while under the influence of alcohol 0.067% during blood transfusion, driven a car of approximately 30 meters by converting the volume of approximately 50 meters into C at the front of the apartment frightet, 5-ro, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. A report on the detection of a primary driver;

1. Criminal report and voluntary accompanying report;

1. Previous convictions: Application of Acts and subordinate statutes after inquiry;

1. Relevant Article of the Act and Articles 148-2 (2) 3 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. The facts acknowledged by the evidence prior to the sentencing of Article 334(1) of the Criminal Procedure Act, namely, the fact that the Defendant’s vehicle was found at a place less than 30 meters away from the front of the apartment door in front of the apartment door, ② the Defendant’s vehicle was located in and around the surrounding areas, and the numerical value of 0.067% was measured, ③ the Defendant’s vehicle was moved from the apartment parking lot to the above place, ③ the Defendant’s vehicle was moved from the apartment parking lot to the above place, and driving the said vehicle from the parking lot to the above place, not from the above place.

According to the facts stated, etc., the distance of about 30 meters from the fixed door of the apartment festet cannot be deemed to have driven in the state of drinking by the defendant. Thus, there is a proof on the criminal facts of this case.

I would like to say.

D's statement was consistent with several questions in this Court, and D's statement was close to the point of view when it was turned off by bypass from the door of the apartment house on a Purun apartment.

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