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Reasons
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(영문) 수원지방법원 2014.08.14 2013고정2527
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 9, 2013, while under the influence of alcohol more than 0.05% of blood alcohol content, the Defendant driven a cargo vehicle owned by the Defendant at a section of approximately 700 meters from the entrance of the Yaeong Jeju Jeju Jeju Island at the Yari Island at the epoch of the epoch of the epoch of the epoch of the epochdo to the epoch of the epoch.g.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement made by witnesses D in the fourth trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on detection of drivers, circumstantial reports on drivers, and provisions of Acts and subordinate statutes of the next time;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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 there is no fact that the defendant has driven the vehicle as indicated in the judgment under the influence of alcohol of 0.05% or more of alcohol content. Thus, the following circumstances acknowledged by the records of this case are as follows: i.e., the defendant driven the vehicle as indicated in the judgment of the defendant at the time when about 20 minutes elapsed from April 9, 2013, claiming that the defendant would drink the vehicle last, and the blood alcohol concentration measured at 21:24% on the same day after about 114 minutes passed. However, although the defendant first asserted that he would drink alcohol, the blood alcohol concentration measured at 21:10% on April 9, 2013 can be deemed as driving the vehicle after about 18:30% or more of alcohol content, the defendant could have driven the vehicle immediately after 20 minutes or more of alcohol, and the defendant was under the influence of 1:30% or more of alcohol during the time stated in the judgment of the court.

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