(영문) 대구지방법원 상주지원 2014.10.28 2014고정130

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텍스트 조절

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 상주지원 2014.10.28 2014고정130

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On January 4, 2014, at around 18:38, the Defendant driven the EM5 vehicle under the influence of alcohol with approximately 1.2km alcohol concentration of about 0.085% from the 1.2km section to the “D” road in the same city located in Seosungdong at the time of residence.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (a statement that he/she immediately remains after driving and an investigation record No. 84, etc.);

1. Statement made by the police in F (a statement that the defendant has driven in excess of the lane as early as possible);

1. Statement of the police protocol of G (a statement that a motor vehicle driven by the defendant has been driven by a ggin to the extent that it is not possible to drive the motor vehicle without drinking the motor vehicle);

1. A criminal investigation report (calculated of the volume of music);

1. A report on detection of a host driver;

1. Report on the circumstantial statement of a drinking driver (the blood alcohol concentration of 0.174% is measured) (the defendant and his defense counsel asserted that the defendant has not driven alcohol while driving alcohol, the defendant and his defense counsel only breath of drinking alcohol with one week and two weeks of drinking alcohol after driving alcohol. However, the defendant's report added about 12 minutes from G's dispatch to police officer's dispatch. The police officer's dispatch to police officer's dispatch was 3/5, and there was no other breath of drinking, so it is difficult to view that the defendant has breath of drinking with one week of drinking, since the defendant had no other breath of drinking, it is difficult to view that he has breath of drinking alcohol. However, in light of the defendant's assertion that the defendant had driven a breath of drinking alcohol on the premise that he has breath of drinking alcohol after driving, it can be sufficiently recognized that the defendant has driven at least 08% alcohol level under the influence of alcohol.)

1. Article 148-2 (2) 3 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

참조조문

-도로교통법 제44조

-도로교통법 제148조의2 제2항 제3호

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