logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.08.31 2017고정19
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 29, 2016, the Defendant driven Ck5 car under the influence of alcohol content of about 0.144% at a section of about 5 meters for the front road immediately from the parking zone line in front of the 103-dong apartment house, which is located in the territory of Seocheon-gun, Chungcheongnam-gun, the head of the Dong-gun-gun, the Eup of the Dong-gun, and the Eup of the 103-dong residential zone.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Statement made by the police for E;

1. Inquiries about the results of crackdown on drinking driving;

1. An explanatory note;

1. Notification of the results of crackdown on driving alcohol (electronicized documents);

1. Three copies of the photograph;

1. Application of Acts and subordinate statutes on investigation reports;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant did not drive under this Court any excessive drinking.

The crime is denied.

The issue of this case is whether a substitute driver E has parked and left the vehicle on the parking zone line (or at least within the place of apartment that is not the control place) in the apartment complex at the time of Defendant India's control.

If the proxy driver parks and leaves the parking area (or at least a place in apartment that is not a control place), it can be inferred that the defendant's vehicle can be moved to the control place after the substitute driver leaves the parking area.

The apartment parking lot in the apartment complex is likely to move to the so-called parallel parking lot rather than the parking zone line at a canter at the time of the night and around 10:0,000, but it was consistently stated in the investigation agency and this court that it is possible for it to park the Defendant to park and leave the parking zone.

In this case.

arrow