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(영문) 서울중앙지방법원 2015.04.23 2014고정5338
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

On September 18, 2014, under the influence of alcohol of 0.130% of blood alcohol concentration on September 18, 2014, the Defendant driven C Hassop car from the distribution store of Seocho-gu Seoul Seocho-gu, Seoul to approximately 100 meters of distribution 4-5, Seocho-gu, Seoul to the 93-5 front road.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a drinking driver, a report on the state of a drinking driver, a report on the state of a drinking driver, and a record on the measurement of drinking [the defendant and his defense counsel are using the common oral system, and the police officer in charge was using the oral oral system immediately after drinking, so it cannot be trusted that a drinking test is conducted by the defendant since the police officer in charge was conducted a drinking test without his/her responsibility to be able to be able to be grounded on the defendant's drafting. However, according to the witness D's legal statement, the statement of the police interrogation protocol against the defendant, and the written report on detection of a drinking driver, the police officer in charge can recognize the fact that a drinking test was conducted by the police officer in charge of being able to be able to be able to be able

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;

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