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(영문) 수원지방법원 2016.07.21 2016고정269
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car in the C SP area.

On September 27, 2015, under the influence of alcohol content 0.122% during blood transfusion around 20:00, the Defendant driven a vehicle around 1.5 km in front of the e-cat in front of the e-cat, the wife population of which is 0.12% at the time of permitting the said vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A report on the detection of a primary driver;

1. Investigation report (investigation into drinking-driving scenes);

1. During the investigation report (investigation into a wooden person), the witness F’s legal statement to the effect that, although the Defendant was in a state of drinking alcohol at the time, the Defendant and his defense counsel claimed that the Defendant driven up to Edap only if he was in a state of drinking, and the Defendant did not drive the vehicle. However, considering the structure of Edap, which is recognized by the evidence above, and the location where the vehicle at the time was parked, the witness F’s legal statement to the effect that the Defendant was parked on the 2nd page of the above Ada at the time of the instant case and entered the car at the seat of the Defendant after parked on the parking lot, it is acknowledged that credibility is credibility, and there are other special circumstances to suspect the credibility, rationality, objective reasonableness, etc. of the statement in the content of the statement.

The Defendant’s assertion that the Defendant filed a complaint against the Defendant, thereby making a false statement to him/her, is difficult to accept, and according to the witness F’s statement and the evidence stated earlier, the Defendant’s driving is recognized as having been conducted while on his/her own in the workplace.

Application of Statutes

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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