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(영문) 의정부지방법원 2019.11.21 2018고정1221
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On July 18, 2018, at around 18:10, the Defendant driven a Fpoter vehicle with a blood alcohol concentration of at least 0.1% in a section of about 300 meters from the front of the house C in Gyeonggi-gun B to the front of the house D E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses G in the third protocol of trial;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant, after driving under the influence of alcohol, she maths a mixed-child alcoholic beverage at home, and she maths a beer and maths a disease at H’s house, conducted a drinking test after drinking. Thus, the Defendant was unable to reach the actual blood alcohol level measured.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and examined by the court.

1) On July 7, 2018, from around 16:30 to 17:30 of the evidence list from around 16:30 to around 17:30, the Defendant drank three illnesss (one illness) together with C and I in the family of the 5th statement C, and arrived at the J-cafeteria operated by E at approximately 300 meters away from the 11st statement of evidence list from around 17:30 to 18:10 of the same day by driving a bridge between the statement of the 11st G of the evidence list. (2) The Defendant transferred to the above restaurant, and the Defendant claimed that the Defendant dice dice dice dice dice dye at his own house (the Defendant claimed that he dye dye dye dye dye dye dye dye dye dye dy, but there was no evidence to support this.

3. The defendant was dispatched after receiving a report from July 7, 2018 by G on July 19, 2018.

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