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(영문) 대전지방법원 천안지원 2015.11.27 2015고정330
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle in CM5 vehicle volume.

On August 13, 2014, at around 22:50, the Defendant, while under the influence of alcohol of 0.187% of blood alcohol concentration, stated “107 dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,” but according to the traffic accident report(1) and the police statement statement as to D, the Defendant corrected it as it is deemed to be a clerical error of “109 dong-dong-dong.”

Up to the previous road, the vehicle was driven by the unclaimed distance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Statement made by the police on D;

1. Statement on a traffic accident report (1) and statement on the occurrence of a traffic accident report;

1. Entry of an entry report on customer status, and written statement on customer status, into part of the employer status report;

1. Application of the statutes on the site and relevant photographs, cell phone storage photographs related to the agency, and the operation of the agency;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 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. The defendant and his defense counsel asserted that the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act and the defendant's defense counsel did not drive the vehicle at the time of the case, but the defendant F is driving the vehicle of the defendant.

According to the above evidence, ① the Defendant drinks alcohol on August 13, 2014 at a “H restaurant” located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul. On the same day, around 19:35 of the same day, the Defendant’s daily operation of the Defendant requested a “I” business entity for the Defendant. ② The proxy driver F driven the Defendant with the Defendant on board from the “H restaurant” at around 19:40 on the same day at around 19:15 on the same day to the location of his Sung-gu, Seo-gu, Seo-gu, Seo-gu, Y5 on the same day. ③ The latter F driven the CM5 vehicle at the Defendant on behalf of another person at around 20:27 on the same day.

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