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(영문) 수원지방법원 안양지원 2014.11.14 2014고정233
도로교통법위반(음주운전)
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 May 9, 2013, around 19:00, the Defendant driven a E-Ud vehicle while under the influence of alcohol by 0.122% in the 15km section from the outer cycle road of the Manan-gu Mang-si to the front road of the Mapo-si D apartment.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A written statement of the G production;

1. On the grounds that the statement of F and G is consistent, and that there is no special reason to make a false statement unfavorable to the defendant solely on the grounds that the defendant asserts, and in light of the attitude of the statement in this court, credibility is recognized in the statement. The witness F, a witness, reported to the police police to find the vehicle of the defendant on the expressway, suspected of drinking on the road, and reported the vehicle of the defendant to the police. The police G, who received the report, conducted a drinking test at the time 20 minutes have passed since the defendant her immediately arrived at the site, after the police G, was parked in front of the site and her drinking at the vehicle. It seems that not only is an exceptional case that it seems that the defendant parked, and that the time when G arrived at the site is not a sufficient time to drink ordinarily, and that F, a police officer parked at the site about 12 minutes or more, and that he/she received a report on the vehicle of the defendant, and that he/she arrived at the scene about 185 minutes or more, and that he/she arrives at the police site about 1985 minutes or more.

In addition, the defendant alleged that he drinks in a vehicle, but at the time of detection, he was unable to present G with alcohol disease, etc., and the defendant driven a vehicle while drinking.

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