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(영문) 서울북부지방법원 2018.07.19 2018고정88
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 28, 2017, around 03:42, the Defendant, at around 03:42, driven a CK7 car under the influence of alcohol in the state of alcohol in the CK7 car under the influence of alcohol of 50 meters (0.134%) from around 37-16, the same as Seoul Special Metropolitan City, Nowon-gu, to the roads in front of the above place, and subsequently revised the facts charged.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Report on the circumstances of driving under the liquor:

1. A report on the statement of refund made by the driver in charge;

1. An explanatory note;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of ctv video CD-related Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186(1) of the Criminal Procedure Act bearing Court Costs [The defendant and the defendant living together with the driver's seat two times in the vehicle] means that the defendant and the defendant living together with the defendant, who were seated, have driven the vehicle in question only by living together with the driver's seat - F driver's seat - Defendant's seat - Defendant's seat ], and the defendant has not driven the vehicle in question.

Therefore, in light of the following circumstances, the defendant's assertion is premised on several times of exceptional circumstances, and it is difficult to believe it as true, and the defendant driving the car at issue.

It is reasonable to view it.

① On August 28, 2017, around 02:51, the Defendant, at the same time as Nowon-gu, Seoul Special Metropolitan City, 196-37-16, 37-16, was on the driver’s seat of a vehicle, and a person living together on the front line.

② Around 03:34, the above passenger car began to move from the Defendant’s boarding, and it did not appear that the Defendant and vagabonds were the students around the above passenger car before moving.

In addition, there was no change of the defendant and the passenger from the car to the seat before the movement of one car.

(3) Police officers.

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