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(영문) 수원지방법원 2013.09.10 2013고합106
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 04, 2012, the Defendant, without obtaining a driver's license at around 10:00, 00, driven a dti-freight in the section of about 100 meters away from the building of present enterprise, which is located in the area south of the wife population at the permissible time, under the influence of alcohol of 0.293%, and driving a dti-freight in the section of about 100 meters away from the building of present enterprise.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement of an employer driver, and written report of an employer driver;

1. The defendant and his defense counsel's assertion about the defendant's certificate of driving experience and his defense counsel asserted that the procedure for the measurement of drinking in this case was unlawful since the defendant did not notify the defendant that the result of the measurement of drinking conducted by the breathr without the direction of the defendant, even though the defendant suffered from the heat in the mouth and had alcohol ingredients to disinfect the upper part of the upper part of the body, the result of the measurement of drinking by the breathr was conducted without the direction of the defendant.

According to the above evidence, E and the witness E's legal statement, and the fact-finding reply statement about F Hospital at the time of the instant case, E and the police officer accompanying the Defendant, who conducted a drinking test at the time of the instant case, left twice the water purifier water from the hospital emergency room to the body of the Defendant, and notified the Defendant, who had conducted a drinking test at the hospital emergency room, to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to have an objection, and immediately after the accident, the Defendant received medical treatment at F Hospital

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