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Reasons
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(영문) 대전지방법원 2015.04.01 2014고정1803
도로교통법위반(음주운전)
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1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On November 21, 2014, at around 21:05, the Defendant driven a Gland with approximately KRW 700-800 meters from D’s front roads in Chungcheongnam-gun, Chungcheongnam-gun to E, with a blood alcohol concentration of at least 0.224%.

Summary of Evidence

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. A written report from an employee of an employer;

1. Making a report on the control of drinking driving;

1. Statement of control of drinking driving;

1. Each investigation report (related to attachment of photographs);

1. Investigation report (related to a detailed statement of transactions);

1. Application of each police protocol to J and K

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 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 (100,000 won a day);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and defense counsel's assertion on the claim of the defendant and defense counsel under Article 186 (1) of the Criminal Procedure Act asserts that the defendant and defense counsel are not guilty because they have driven the vehicle before and after driving the vehicle due to the lack of container to resist the accident that they had been dyped, and they had not driven after drinking the vehicle.

However, on August 11, 2014, the Defendant made a statement to the police officer called up after receiving a report on the existence of a salwing person on August 21, 2014, that “I drank one-half of her illness in the vehicle after parking the wing vehicle,” and the Defendant reversed the statement that “I dnishing one-half of her illness in the vehicle,” “I dnishing one-half of her illness at the present time when I dnishing. When I dnishing, I dnishing the statement that I dnishing one-half of her alcohol level at 0.224% after the dnishing alcohol level at around 22:34.”

In addition, the defendant at the police around 10:16 on August 14, 2014.

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