(영문) 춘천지방법원 강릉지원 2017.12.20 2017고정259

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2017.12.20 2017고정259

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant repeatedly driven approximately 5 meters of GM5 passenger cars while under the influence of 0.121% alcohol concentration in blood on the front of the FPC room located in E at Samg-si on August 11, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Legal statement of the witness H;

1. Statement of the circumstances of the driver at the main place, investigation report (report on the circumstances of the driver at the main place), report on the detection of the driver at the main place, and application of relevant Acts and subordinate 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts to the effect that the driver's operation of a motor vehicle only takes place to turn on air condition, and that the facts of driving the motor vehicle do not exist.

2. According to the evidence duly adopted and examined by this court, H calls outside the scope of the phone, and the defendant made a statement to the effect that he driven a vehicle after leaving the vehicle in a remote and unbandoned manner. Even if H is the incumbent police, there is no reason to treat directly experienced facts differently from the witness, and there is no reason to suspect the credibility of the above H's statement, and at the time, there is no circumstance to suspect the credibility of the above H's statement. According to the above acknowledged facts, according to the result of the alcohol measurement conducted by the defendant, it can be sufficiently recognized that the alcohol concentration in blood was 0.121%. Thus, the defendant's and the defense counsel's assertion cannot be accepted.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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