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(영문) 대전지방법원 천안지원 2016.11.24 2016고정341
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 5, 2015, at around 03:00, the Defendant driven a e-car car under the influence of alcohol with a blood alcohol content of 0.158% from before the “D folklore store” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the 96-1st century.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of G;

1. Statement of the circumstances of a drinking driver, report on detection of a drinking driver, and report on the results of crackdown on drinking driving, respectively;

1. Entry in the ledger of use of a drinking-free measuring instrument;

1. Application of each video statute to the scene, photographs of the vehicle, and CCTV images for crime prevention;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant, on the grounds of conviction under the main sentence of Article 186(1) of the Criminal Procedure Act, acknowledged that he/she had drinking alcohol at the time, but denied the charges by asserting that he/she had driven on behalf of the Defendant while he/she had “D folklore store.”

However, in full view of the following circumstances admitted by each evidence of the judgment, the Defendant and H’s respective statements that H were driven on behalf of the Defendant cannot be trusted, and there is sufficient evidence to acknowledge the Defendant guilty of the facts charged of this case based on each evidence of the judgment. A.

The Defendant made a statement to the effect that H was driven on behalf of the Defendant who tried to drive under the influence of alcohol prior to the “D folklore store” (No. 2 of the legal statement and investigation records No. 40 of the record) while leaving D’s “D folklore store,” and H went to talk with the “D folklore store” operated by friendly G while drinking on the “D folklore store,” and thus, the Defendant reported the Defendant’s intention to drive under the influence of alcohol and deducted the vehicle heat.

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