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(영문) 울산지방법원 2012.06.28 2012고정159
도로교통법위반(음주운전)등
Text

The defendant shall be innocent.

Reasons

1. Around 00:10 on July 24, 201, the Defendant driven at a distance of about 2 kilometers in front of the Jeju apartment located in Ulsan-gun, Ulsan-gun, U.S., U.S., the head of the charge, without a motorcycle driver’s license, about 50 ccineless in the blood alcohol concentration of 0.284%, while under the influence of alcohol with a blood alcohol concentration of 0.284%.

2. The Defendant asserted that he had been used in the chemical group of the instant amphal apartment in the instant amphalty while drunkly moving to the above Orala at the time and place indicated in the facts charged, but did not drive it.

3. The prosecutor, as evidence supporting the instant facts charged, presents C’s legal statement of the witness, the police interrogation record of the Defendant, the police interrogation report of the Defendant, the personal identification report of the host driver, the vehicle driving license register, etc.

Since the police investigation protocol against the accused does not recognize the contents thereof, it cannot be admitted as evidence because it has no admissibility.

B. Each entry in the driver’s license report and the driver’s license register reveal only the fact that the Defendant showed a blood alcohol concentration, such as the facts charged at the time of the instant case, and that there was no license for a motorcycle driver.

C. The driver's report is written in the direction of drinking driving distance as stated that the defendant driven approximately 2 km from the subsullle to the subsulphe apartment, and the defendant's signature was made in the driver's column to the purport that the above mentioned contents are identical to the facts. The witness's statement, who was a police officer who investigated the defendant at the time of this case, was called out and was used in the apartment chemical team after receiving a report, and the defendant was used in the apartment chemical team, and the location of the vehicle was over 30 degrees, and it is 2/3 point or 10 meters later than the gradient, which is the 30th degree of gradient, to the 10-meter bar.

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