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(영문) 광주지방법원 2012.12.26 2012고합854
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 13, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on November 13, 2006, and on March 22, 2011, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) and was in violation of Article 44(1) of the Road Traffic Act at least twice.

On June 29, 2012, the Defendant, while under the influence of alcohol at 0.177% of blood alcohol concentration on June 29, 2012, driven a DNA high-speed car from the front of the Blue-dong in Gwangju Mine-gu to the front of the Blue-dong parking lot in Gwangju Mine-gu.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A traffic accident report, a actual condition investigation report, a circumstantial statement of a drinking driver, a report on detection of a drinking driver, an investigation report (Attachment of a statement prepared by the FF statement for reference), - statement; and

1. Previous convictions: Application of criminal records and Acts and subordinate statutes;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant was unable to drive on his behalf on the day and did not drive under the influence of alcohol.

2. Determination

A.F’s statement was made in court as follows:

① At around 20:40 on June 29, 2012, 10: (a) witnessed at a distance of at least 10 meters that the coloring vehicle takes contact with the said head-house parking lot, such as the same fees, in a two-dimensional-dong in the Gwangju Mine-gu.

② The coloring vehicle was parked after having a contact accident.

③ At a distance of 2-3 meters from the left-hand side of the colored vehicle, the Defendant was parked after a level of one to two minutes.

(4) A person who gets off a motor vehicle with color is only the defendant, and no other person exists.

⑤ The Defendant was getting off from the vehicle and was in front of the said head office, and he was in front of the head office.

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