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(영문) 의정부지방법원 2017.06.15 2016고정2409
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 3, 2016, the Defendant driven at around 07:05, a 3 km section from the Gammar Gamar Gamar Gammar Gammar Gammar, to the front road of the same Rim Gam Gam Gam Gam., while under the influence of alcohol content of 0.087% during blood, the Defendant driven the Domn Gam Gam.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification of the results of regulating the driving of drinking, and investigation report (the above dmark);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 148-2 (2) 3 of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the main text of Article 186(1) of the Criminal Procedure Act concerning the issue of litigation costs

1. The defendant and his defense counsel argued that the defendant driven a vehicle after the lapse of a drinking time, and that the vehicle driven by the defendant would not drive any vehicle any longer after he gets a fluent vehicle to be towed. Since the vehicle was towed 2 cans of be towed and controlled by drinking, it cannot be deemed that the 0.087% of alcohol concentration in the blood under the above respiratory measurement is the blood alcohol concentration at the time when the defendant drives. Accordingly, the defendant did not drive a vehicle under the influence of alcohol more than 0.05% of alcohol concentration in blood.

2. In full view of the following circumstances duly admitted and examined by this Court, the Defendant’s driving of the Grand Car in this case under the influence of alcohol 0.087% under the influence of alcohol as stated in the facts charged of this case can be fully acknowledged, by comprehensively taking account of the evidence duly admitted and examined by this Court.

A. On July 3, 2016, the Defendant: (a) while driving the instant DNA car on July 3, 2016 and operating the vehicle in the vicinity of the family arboretum, 05:39 on the same day as the other hand-on of the vehicle would be free to understand.

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