logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2014.08.19 2014고정63
도로교통법위반(음주운전)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant is a driver of a passenger car in C Stiuse.

On November 25, 2013, at around 05:30, the Defendant driven the said car at a section of approximately 1.5 km from the French-gu Seoul Metropolitan Government Francheon to the front road for D apartment at the same time under the influence of alcohol content of 0.074%.

2. The purport of the lawsuit is that the defendant, within the park in the gold area, only drank two times, and the remaining part of the sick is drank in a vehicle parked in the defendant's place near the house. Thus, the facts charged of the lawsuit in this case on the premise that the defendant driven a vehicle under the whole condition of the sick who drank in the park in the gold area cannot be acknowledged.

3. In light of the above facts charged, the court testimony prepared by a judicial police officer and the witness E and F made each legal statement, but the police officer arrested the defendant at the time of arrest or investigation, or the documents stating the defendant's statement to the effect that the defendant properly led to the crime at the time of arrest or investigation, as long as the defendant denies the crime different from the statement before the police officer, it shall be deemed that the defendant has no admissibility in light of the purport of Article 312 (3) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2005Do5831, Nov. 25, 2005). The defendant stated that the last drinking place "in order to the police officer's arrest on November 25, 2013" at the time of the arrest of the defendant on the drinking alcohol driving, but stated that the last drinking place was a park in order from November 29, 2013 to the time of the interrogation of the suspect, and thus, the above evidence is consistent with the above evidence.

On May 14, 2014, the defendant's defense counsel reports on detection of the above drinking driver and the results of the drinking driving control.

arrow