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(영문) 의정부지방법원 고양지원 2020.05.15 2020고정94
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 14, 2019, at around 14:45, the Defendant driven a D low-speed car while under the influence of alcohol more than 0.08% and less than 0.2% of alcohol in three meters at C cafeteria parking lot in P cafeteria B in Paju City.

Summary of Evidence

1. Partial statement of the defendant;

1. Police statements of E;

1. Requests for appraisal;

1. The actual condition survey report, the report on the occurrence of traffic accidents, and the report on the actual condition of the driver concerned;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection 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. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The following facts are acknowledged according to the evidence adopted and examined by the court.

A. On November 14, 2019, the Defendant stated that he/she dump dump dump at a C cafeteria located in Pakistan by November 14, 2019.

B. Even if Defendant Branch removed Defendant, at around 14:37 of the same day, the Defendant shocked the vehicle (victimd vehicle) parked on the right side while driving a vehicle parked in the above restaurant parking lot.

C. After that time, the police tried to measure the blood alcohol level of the Defendant’s blood alcohol level, and the Defendant was unable to take the pulmonology level 3, and was measured by collecting blood at the blood collection room at the Pacific Hospital around 15:25 on the same day. D. The blood alcohol level was 0.202%.

In the investigation report (report on the circumstances of the driver in charge) states that the defendant's speech and behavior state at the time is illegal, the walking state is "non-compact between them", and the driver's blood color is "here red," and according to the E's police traffic accident-related statement, the defendant was sound in the state of being hack."

2. In full view of the following circumstances known by the above recognized facts, the Defendant at least 0.08% of blood alcohol concentration at the time of driving the vehicle.

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