beta
Text
The defendant shall be innocent.
Reasons
1. On July 3, 2009, the Defendant was issued a summary order of 1.5 million won by a Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on May 29, 2012, a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act was issued by an Ansan District Court.
At around 04:50 on March 26, 2013, the Defendant driven approximately 150 meters of H low-speed cars from the E-sports parking lot located in Geumcheon-gu Seoul Metropolitan Government D to the G parking lot located in F, while under the influence of alcohol content of 0.128%.
As a result, even though the Defendant had been punished for drinking driving two times, he again driven a motor vehicle while under the influence of alcohol.
2. Whether the accused has driven a drunk;
A. The Defendant and the defense counsel asserted that they were driving at the G parking lot, as in the facts charged, even though they were driving at the age club up to G parking lot, they were driving a substitute engineer up to the age club because they had been drinking 2 to 3 maws before they go to the age club. While having been driving at the age club, they did not run both types of disease, but did not run both types of disease. After the driving was completed, they cannot be deemed to have driven a drunk since the Defendant and the defense counsel conducted a drinking test after drinking the first and the first class of disease in the age club, namely, i.e., e., maws.,
B. In light of the police officer J, K’s investigation agency, and the statements in this court, etc., there is considerable doubt as to whether the Defendant is not driving under the influence of blood alcohol level of at least 0.050%.
However, the following circumstances revealed through the records of the instant case, namely, ① the time when the Defendant parked the instant vehicle in G parking lot was around 04:50, and the time when the Defendant settled accommodation expenses with the card around 04:54.
In recent years, I and I were accommodated in the telecom, and thereafter, I and I will go to the above parking lot after receiving a telephone call from G personnel to get off the vehicle.