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(영문) 청주지방법원 2018.12.19 2018고정597
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On June 17, 2018, the Defendant driven CWz vehicles on the roads located in B of the Cheongju-gu Office, under the influence of alcohol content of 0.172% during blood transfusion around 02:51.

Summary of Evidence

1. Notification of the results of crackdown on drinking;

1. A photograph of the scene of an accident, CCTV closures;

1. Application of CCTV Acts and subordinate statutes for crime prevention;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. The alleged defendant did not drive a vehicle and did not intend to drive the vehicle.

2. Article 2 subparag. 19 of the Road Traffic Act provides that the term "driving" means using a vehicle on the road in accordance with its original usage method, and Article 2 subparag. 14 of the same Act provides that "motor vehicle" means a motor vehicle being driven by a motor without using a railroad or a installed line. Thus, in order to constitute a motor vehicle's original usage method, it is required to use the motor vehicle. Accordingly, it is not a driving under the Road Traffic Act in order to cover the hand-on boom of a motor vehicle parked on the downway, which is parked on the downway. In light of the original function of the motor vehicle and the legislative intent of the Road Traffic Act, the act of driving the motor vehicle in a way that temporarily stops the motor vehicle while driving the road (except for the act of temporarily stopping the motor vehicle while driving the road). In addition, in light of the original function of the motor vehicle and the legislative intent of the Road Traffic Act, the act of driving the motor vehicle in a case where a new motor vehicle is to be parked during the course of parking.

To do so, it is not sufficient to start the engine only, and so-called so-called operation.

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