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(영문) 인천지방법원 부천지원 2018.11.28 2018고정475
도로교통법위반(음주운전)
Text

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 May 18, 2013, the Defendant was under the influence of alcohol level of 0.197% in light of the blood alcohol level from around 23:25 on May 18, 2013, and the Defendant was driving a Kanche vehicle to the public parking lot located in 1150-1, Seocheon-si, Seocheon-si.

[Defendant and defense counsel did not drive drinking at the time and place stated in the facts charged, and driving an acting engineer.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's driving of drinking alcohol is recognized as stated in its reasoning.

The defendant and defense counsel are without merit.

① D는 이 법정에 증인으로 출석하여 선서하고, 당시 피고인이 직접 운전을 하여 자신의 차 옆에 주차하였고, 운전석 문을 열고 나오면서 자신의 운전석 문 쪽을 쳤으며, 당시 피고인에게 서 술 냄새가 많이 났고, 피고인이 사고처리 없이 자리를 급히 떴다고

At the present time, detailed statements were made in detail.

Defendant

In addition, there was no person opening and leaving a door of driving.

The above statement is consistent with the statement made by the investigative agency at the time of the case.

There is no part that is contradictory to the content itself or against the rule of experience in the statement, and the reliability of the statement is sufficiently reliable in light of the legal attitude to make the statement only on the basis of memory.

D There is no motive to make a false statement in order to have a defendant who is unaware of being punished for perjury and who is punished for drinking driving.

② The Defendant avoided the Defendant’s answer on the ground that he asked questions about the phone number of the proxy engineer who the police driven the Defendant’s vehicle, and that he cannot ask her her her friend and her her friend to ask her her friend.

In addition, the answer is also made to where the proxy engineer would drive.

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