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(영문) 서울남부지방법원 2016.02.18 2015고정1485
도로교통법위반(음주운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 18, 2015, the Defendant, while under the influence of alcohol level of 0.108% from blood alcohol level around 10:0:0 on May 18, 2015, the Defendant opened the Guro-gu Seoul Metropolitan Government and operated the “C” cargo vehicle in front and rear from about 1m to about 69:00,00,000.

Summary of Evidence

1. It is difficult to view that a witness made a false statement in light of the contents and attitude of the witness’s statement in D’s legal statement, the background of the report, the circumstances immediately after the witness was observed (13 pages of the investigation records) consistent with the Defendant’s statement (26 pages of the investigation records).

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol (referred to in drinking -0.108%) and the application of statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Punishment to be suspended: Fines of two million won (former summary - Fines of two million won);

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse. (100,000 won per day)

1. The sentencing of Article 59(1) of the Criminal Act is as follows.

In light of the place and distance of the vehicle, the travel distance, the location near the bus stop (in particular, the location of the corner adjacent to the bus stop) and the circumstances leading to the instant case (in relation to the payment of the substitute driving fee, the occurrence of D and the bus at the time), etc., the Defendant, who was difficult to expect D to finally move the cargo vehicle to the end so as not to obstruct the passage of the bus vehicle, seems to have moved the vehicle in front and rear the vehicle in approximately one meter as it is necessary to safely park the vehicle so as not to obstruct the passage of the bus vehicle as above.

Witness

D Even if based on the legal statement of the D, it can be seen that the distance of the Defendant’s moving from the stopping location was not significantly exceeded.

Ultimately, the driving of the instant case not only causes harm to traffic order, but also causes the safety of traffic and the prevention of danger.

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