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(영문) 광주지방법원 2016.03.30 2015고정283
도로교통법위반(음주운전)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is a person who drives a C-wing truck (hereinafter “instant truck”).

On December 24, 2014, while under the influence of alcohol content of 02:45, the instant truck was driven at approximately 200 meters in front of the F apartment bus platform in Gwangju-gu, Seo-gu, Gwangju-gu, on the roads in front of the E cafeteria located in Gwangju-gu, while alcohol content was 0.131%.

2. Determination

A. The Defendant, at the point of departure of the instant truck, started to drive the instant truck on the front of the E cafeteria located in Seo-gu in Gwangju, Seo-gu, as evidence consistent with the facts charged in the instant case, and “the Defendant was driving from the frame of a pair of drinking-dong immediately after discovery.”

The statement was made by the police officer G, H, and I.

However, considering the following circumstances admitted by evidence, the Defendant did not make a statement to the effect that “the Defendant driven a motor vehicle parked in a pair of fluorous fluorial body,” but rather, parked the motor vehicle in the surrounding area for drinking alcohol on the alley fluoral fluor, and there is no evidence to prove otherwise that the Defendant began to drive the instant motor vehicle on the road before a restaurant.

① A road front of a restaurant in Gwangju-gu, Seo-gu, Gwangju-gu, refers to the so-called two-called alley village, the road in front of the E cafeteria shop (hereinafter referred to as a “public-private partnership road”) falls under this, and the latter part of the E cafeteria shop falls under this, and there is a road front of a bus platform for f apartment building (hereinafter referred to as a “road front of a bus platform”) at a distance of about 20 meters in front of the E cafeteria shop.

② There is a parking space that 3 to 4 vehicles can be parked in front of a restaurant, but there are many cases where parking is difficult due to a vehicle already parked.

For this reason, it is often possible for users to park cars on the front of bus platforms, such as a two-way shop in a bus platform during night time.

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