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(영문) 서울남부지방법원 2018.02.02 2017고정1641
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B in cubus.

On July 4, 2017, the Defendant was under the influence of alcohol content of 0.117% during blood transfusion around 00:0, the Defendant driven the said vehicle at the section of about 500 meters from the Yeongdeungpo-gu Seoul Metropolitan Government public parking lot to the front line of the Yeongdeungpo-gu Military Station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to 873 at the same time from the Yeongdeungpo-gu public parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial report on the driving of the driver concerned and the circumstantial report on the driver concerned;

1. The defendant and his defense counsel asserted that the investigation report (the main driver's circumstantial report) [the defendant and his defense counsel asserted that the presses of the oral cleanlines used prior to the control of drinking of this case influenced drinking results, so the result of drinking cannot be recognized by 0.117%.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the air transport of the Seoul Yeongdeungpo Police Station and the driver's statement report of the main driver's statement of the defendant prepared by the Seoul Young Police Station D belonging to C, are marked "X" after marking "X" and then indicated "Y mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar mar.

In full view of the stated facts, the Defendant appears to have not used the clean water system at the time of the crackdown on drinking of this case, and even if otherwise, it is difficult to view the use of the clean water system at the time of the crackdown on drinking of this case to have affected the results of the crackdown on drinking of this case.

Therefore, the above argument is without merit.

Application of Statutes

1. Article 148-2 of the Road Traffic Act concerning the facts constituting an offense as well as Article 148-2 of the same Act;

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