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A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
around 23:00 on October 29, 2014, the Defendant driven CFD car with approximately 1-2 meters under the influence of alcohol concentration of 0.113% at a building parking lot located in 151-ro, Gangseo-gu, Seoul, Gangseo-gu, Seoul.
Summary of Evidence
1. Statement of D police statement;
1. E statements;
1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving, a report on the state of drinking driving, a report on the statement of the situation of drinking drivers, a manual for enforcement, a black cambling, a photograph and on-site photo, and an investigation
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act asserts that ① although the defendant was walking the above vehicle while driving the vehicle, there was no fact that he driven the vehicle, ② even if the defendant driven the above vehicle, the defendant's act does not constitute a drinking driving, since the place is not road.
However, according to the above evidence, the facts charged in this case are sufficiently recognized, and according to Article 2 subparagraph 26 of the Road Traffic Act, in the case of Article 148-2 of the Road Traffic Act, the act of using a vehicle or horse in a place other than a road according to its original method of use constitutes a "driving", and