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(영문) 제주지방법원 2013.11.14 2013고정652

도로교통법위반(음주운전)

Text

The defendant shall be innocent.

Reasons

1. On March 13, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on September 5, 201, a fine of two hundred thousand won for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on September 5, 201, a person who drives a vehicle under the influence of alcohol on at least two occasions, and a person who drives a vehicle under the influence of alcohol on at least two occasions on May 22, 2013, a person who drives a vehicle under the influence of alcohol at least two occasions, and on May 22, 2013, a person who drives a vehicle under the influence of alcohol on the roads of the wouldnland parking lot located adjacent to the Dondo-dong, Jeju Special Metropolitan City on May 20, 2013, and drives a motor vehicle under the influence of 0.056 percent alcohol level

2. Determination

A. Comprehensively taking into account the witness D’s legal statement, the report on the situation of drinking drivers, the inquiry results into Jeju Special Self-Governing Provincial Police Agency, and the fact that the Defendant’s mobile phone call-making video (Evidence No. 1) submitted, etc.: ① The Defendant is not exposed while driving the vehicle, but subject to a drinking test through the respiratory measurement; on the same day, around 20:18, the Defendant used the phone from E to move the vehicle after driving the vehicle after driving the vehicle from E (F) and then went back to E in a dispute with E and returned to the main point; ② The time of the call from E after the Defendant finished driving the vehicle as above, was about 20:29; ③ The time of the drinking test against the Defendant was conducted on May 22, 2013: 20:46; ④ The Defendant’s last time of the drinking alcohol measurement was 05.6%; ④ The Defendant’s oral statement on the day when the alcohol alcohol measurement was conducted; ④ the Defendant’s oral statement on the date of the alcohol measurement was conducted.

B. According to the above facts, the time of measuring the alcohol of this case against the defendant is 20:46 on the day of this case and 20:18 on the last day of drinking.

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