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(영문) 서울동부지방법원 2017.09.22 2017고정854
도로교통법위반(음주운전)
Text

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 December 31, 2016, around 04:36, the Defendant driven a car in the E-book while under the influence of alcohol concentration of about 0.196% in approximately 15 meters on the front side of Gwangjin-gu Seoul Special Metropolitan City D.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Accident video;

1. In the investigation report (Application of the above dmark), the defendant and his defense counsel asserted that the defendant was using a train at the inside of the vehicle and driving the vehicle, and that the defendant was using a salved device with a salved and salved, and did not drive the vehicle. However, this court may find out by the accident video lawfully adopted and investigated. In other words, in light of the following circumstances, the speed of the vehicle behind the vehicle at the time, in light of the slope angle of the road at the time, cannot be seen as naturally occurring if the speed of the vehicle was turned back at the front or middle speed of the vehicle, and the balve pedal was driven immediately after moving the vehicle while driving the vehicle. In light of the fact that the defendant followed the balve pedal while driving the vehicle and followed the dalve pedal while driving the vehicle, and that the vehicle was changing by the balve pedal, and that the defendant followed the vehicle at the right speed before and after driving the vehicle.

Even if the above vehicle was driven at the time when the vehicle was moving back and moving back, the vehicle was broken.

may be seen.

We do not accept the above argument.

Application of 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;

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