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(영문) 대전지방법원 천안지원 2014.02.18 2013고정1255
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

At around 06:00 on September 10, 2013, the Defendant driven B rocketing car under the influence of alcohol by 0.134% in blood alcohol concentration at the bus stops located in the front of the bus stops located in Samsung 2nd apartment 105, and located in the same location, as from the influent land of the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement of prosecutorial statement concerning C;

1. Reporting on the detection of drinking drivers;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Investigation report (Evidence 10,13);

1. Suppression photographs;

1. Determination as to the defendant's assertion of suspect card and payment photo

1. The summary of the argument is not driving at the time of the instant case, but driving at around 23:30 as of the preceding day.

2. The following circumstances acknowledged by the evidence revealed earlier, the Defendant continues to drink until 04:24 on the day of the instant case, and the Defendant requested the dispatch for towing Samsung Fire around 06:05 on the day of the instant case; according to D initially called at the site, at the time of the dispatch to the site, the Defendant was in a state where he was in a state of driving with an airbag, he was in a state where he was in a state of an airbag, the Defendant was in a state where he was in a state of an airbag, he was in a state where he was in a state of an airbaging, the Defendant was unable to well memory the situation at the time, and the contents of the statement are inconsistent; and the situation at the scene of the instant crime and after the crime, etc., the Defendant is sufficiently recognized

Therefore, the defendant's assertion is not accepted.

Application of Statutes

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and selection of fines;

1. Articles 70 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;

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