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(영문) 서울중앙지방법원 2015.08.21 2015고정2294
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2015, the Defendant was under the influence of alcohol content of 0.116% on blood alcohol level at around 23:37, and the Defendant driven a DNA NAS car from around 200 meters to around 132-1, Gangnam-gu, Seoul, Cheonggu, Seoul, at around 134, the same time as 132-1.

Summary of Evidence

1. Legal statement of witness E;

1. A statement prepared by the F;

1. Statement on the oral statement of the driver (excluding the part written in the defendant);

1. Examination protocol of the police suspect against the accused (excluding 3-4 and 26-2-5 on the upper bottom of 25);

1. Application of the Acts and subordinate statutes on photographic materials;

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;

1. As to the assertion of a person involved in the litigation under Article 186(1) of the Criminal Procedure Act to bear the cost of litigation, a defense counsel asserts that a person involved in the litigation has no admissibility as evidence for unlawful collection, since the defendant did not voluntarily respond to the police officer's voluntary behavior and could refuse to accompany the police officer prior to his/her accompanying, and that he/she forced the defendant to go to the district without being notified that he/she may freely leave the police officer at any time.

The following circumstances, i.e., ① a police officer E, after taking an oath as a witness in this court, issued a notice to the Defendant that he/she could refuse to accompany the police station with the Defendant’s consent after he/she was aware that he/she was accompanied by the G police station. ② The Defendant signed the G police station’s report on the driver’s status statement and the statement of voluntary behavior after the alcohol test at the G police station, without any specific objection.

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