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(영문) 수원지방법원 2014.11.05 2013고정3582
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 19:30 on July 21, 2013, the Defendant driven a “C” restaurant located in Suwon-si B, Suwon-si, Suwon-si, with a blood alcohol concentration of 0.091% (blood collection) from the front of the restaurant to the front of 553-4, 000,000 in the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes to an appraisal statement, a report on detection of a host driver (in the face of 53 pages), a detailed statement of handling 12 reported cases, a criminal investigation report (road driving distance and required hours);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 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. Judgment on the assertion of the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act

1. On July 21, 2013, the Defendant: (a) driven a alcohol and arrived at the house after driving the alcohol on or around 19:30, and (b) measured the blood alcohol concentration by accompanying the alcohol to the police and the district after drinking. In such a case, the blood alcohol concentration at the time of measurement cannot be deemed as the blood alcohol concentration at the time of termination of driving.

2. Determination

A. G’s statement that the Defendant dices alcohol at home stated that in this court, the Defendant was driven by her house and her house, and the Defendant appeared at the Defendant’s house, and the Defendant appeared to the C cafeteria, and returned to the C cafeteria, and returned to the Defendant’s house again.

However, according to the evidence duly adopted and examined by this Court, the police officer at around 19:31 on July 21, 2013 at issue received a report of F, the operator of the restaurant at the request of G, and arrived at C cafeteria at around 19:35, the police officer dispatched to G’s statement, and G at the Defendant’s house.

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