(영문) 수원지방법원 2013.11.07 2013고정1678

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(영문) 수원지방법원 2013.11.07 2013고정1678

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 23:50 on April 24, 2013, the Defendant driven a section of approximately 5 km from the upper end of the Sinwon-dong Sung Fungp University in Suwon-si to the upper end of the horizontal road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, with a blood alcohol concentration of at least 0.060%.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that at the time of the so-called so-called so-called so-called the defendant's vehicle at the time of the so-called so-called "breath test", the defendant took a breath test by moving the vehicle from the place where the defendant's vehicle stopped to the place where the drinking control takes place, and that he was notified of the right to leave the place at any time before such movement and refuse any voluntary movement, there is no error in the investigation procedure, and there is no error in the investigation procedure, and since the police officer in charge at the time of the so-called so-called "breath test

2. According to the evidence duly adopted and examined by the court, the police officer of the case was under the influence of alcohol at the horizontal horse distance in the Suwon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the Defendant was moving the vehicle at the above site, and the police E was at the seat of the patrol vehicle, and confirmed whether the Defendant was under the influence of alcohol by driving a 200 meters away, and E was under the influence of alcohol at the seat of the bar-dong-dong-dong-dong-gu-dong-dong-dong-gu-gu

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제3호

-형법 제69조 제2항

-형법 제70조

-형사소송법 제334조 제1항

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