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(영문) 광주지방법원 목포지원 2020.01.31 2019고정182
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 23, 2019, at around 16:35, the Defendant driven a DNA car with blood alcohol concentration of about 0.224% (as a result of drinking alcohol measurement) at a section of about 5km from the front road of the Jeonpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si

Summary of Evidence

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

1. A protocol concerning the police interrogation of the accused;

1. Photographs (measurement of Suspect's drinking), investigation report (report on the state of his/her driver), notification on the results of the control of drunk driving, and investigation report (report on the last date and time, etc. of the suspect);

1. Application of investigation reports, photographs, etc. and Acts and subordinate statutes to a visual closures;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, is consistent with the defense that the defendant was unable to obtain while denying driving under influence of alcohol, and the defendant argued that non- cooperation, such as his/her defense, oral care, and submission of black stuffs, was made by the first police, even when the victim interfered with duties, who was dispatched by the first police, and the police officer, prepared a false investigation report, etc. in order to ensure that the defendant was drunkly driven by the police officer.

In contrast to the previous position, the police officer and the three police officers investigating the Defendant appeared as a witness in this Court and testified, and then, the statement that “any person does not submit a black box” was asked to the effect that “the person refuses to submit it on the ground of private life,” unlike the previous position that “the person refuses to submit it on the ground of private life.”

In consideration of the attitude of these accused's investigative agencies and courts, a summary order shall be increased.

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