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(영문) 수원지방법원 평택지원 2013.06.21 2012고정581
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 08:50 on March 29, 2012, the Defendant driven a Centent vehicle volume with a section of approximately 60 knife from the road in front of the real estate office in Chungcheongju to the road in front of the real estate office in Chungcheongju to about 0 % of the 0.112% of blood alcohol content.

2. Determination

A. The following facts are acknowledged according to the defendant's legal statement, the witness D's partial statement in the fourth trial record, the actual investigation report, the traffic accident occurrence report, the primary driver's actions report, the primary driver's actions report, and the executive statement of the primary driver's status report.

(1) On March 28, 2012, the Defendant stated that the Defendant is memoryed before and after 8:50 on the same day at the investigative agency, and the traffic accident report is written from 9:05 to 8:00 on the day of the occurrence of the instant accident, each of which was written from 6:00 to 10:00 on the day of the occurrence of the instant accident, there is insufficient evidence to acknowledge the accurate time of the occurrence of the instant accident.

On the street after the bamboo elementary school located in Sacheon-ri, Sacheon-ri, the central line was invaded and caused a traffic accident that shocks the opposite-way road stone and street trees.

(hereinafter “instant accident”). (2) After the Defendant left the instant accident site by leaving the said vehicle alone while leaving it alone at the instant accident site, and left the accident site, and received the instant accident from Samsung Fire Insurance Co., Ltd. by leaving the phone.

(3) Around the same day, the Defendant appeared in the E box, and measured the blood alcohol concentration by the respiratory measuring instrument around 12:02 on the same day, and as a result, the blood alcohol concentration was measured at 0.202%.

B. The defendant and defense counsel asserted the defendant and defense counsel mentioned above, and the defendant mentioned above prior to the occurrence of the instant accident.

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