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(영문) 청주지방법원 제천지원 2015.08.18 2015고정94
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On April 28, 2015, the Defendant: (a) 23:25 around 23:25, 159, as the Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si, left C Poter Cargo with a blood alcohol concentration of 0.085% in the 1m section.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Investigation report (to hear D phone statements for reference);

1. Written estimate;

1. Application of field photographs and CCTV CD-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel met with the vehicle parked in front of the other party's vehicle (hereinafter "the other party's vehicle") in order to use the vehicle's emergency, etc. on the part of the defendant's vehicle so that the substitute driver can easily find the vehicle's vehicle stated in facts constituting a crime (hereinafter "the defendant's vehicle") before the convenience store. In such a situation, the other party's vehicle's vehicle's vehicle was pushed ahead of the vehicle parked in front of the other party's vehicle (hereinafter "the other party's vehicle's vehicle"). In order to use the vehicle's vehicle's emergency, etc. on the part of the defendant's vehicle, the vehicle's vehicle's act constitutes an act of avoiding the present danger of his or other person's legal interests, and thus, the defendant's act constitutes an emergency evacuation and exemption even if it is unlawful or exempted."

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