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Reasons
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(영문) 수원지방법원 성남지원 2016.10.21 2016고정804
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person driving Cunst Motor Vehicle.

At around 03:30 on December 27, 2015, the Defendant driven the above vehicle at a 50-meter range of approximately 50 meters in front of the house where the Mannam-dong of Sungnam-gu overlaps with the mutual influence of 0.142% under the influence of alcohol at a 0.142% of alcohol level.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of some of the accused;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. A detailed statement of 112 reported cases processing;

1. A criminal investigation report (CCTV analysis), and a criminal investigation report (as to confirmation of the time for filing a report on the 112 declaration);

1. The Defendant’s defense counsel asserts to the effect that the level of drinking alcohol cannot be believed because the Defendant’s testimony was reversed, reported time, time gap between the police officer’s dispatch time, materials supporting the Defendant’s assertion, etc. However, unlike the above criminal facts, the Defendant’s defense counsel cannot obtain the Defendant’s defense that the Defendant dices after parking, and the time when the Defendant’s driving time in CCTV was 03:23 (on-site correction) and the time when the Defendant’s drinking was drank at around 04:04, unless there is any evidence to view that the Defendant was drinking at around 04:04, the time when the alcohol was measured by the Defendant. Accordingly, the Defendant and the defense counsel’s defense counsel’s assertion cannot be accepted.).

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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. All kinds of defendants with reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bear litigation costs.

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