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(영문) 부산지방법원 2013.09.27 2013고정2848

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 06, 2013, the Defendant was under the influence of alcohol of 0.071% in blood alcohol concentration on 00:32.06., and the Defendant driven the COususs-car from the public parking lot in the Busan East East subway Station to the front road in Busan Eastdong-dong-dong, Busan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around 00:32 on March 06, 2013, the Defendant, while under the influence of alcohol of 0.114%, driven a vehicle of 100 meters from the public parking lot in the Busan East-dong subway Station to the front road in Busan East-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. In full view of the witness D’s legal statement in this court, comprehensively taking into account the following descriptions: (a) the Defendant completed friendly D and final drinking at the main point of the trade name “E” around the point of control around 00:24 on March 6, 2013; (b) on the same day, at around 00:32, the Defendant controlled the police officer during drunk driving and measured the blood alcohol content at around 0.071% on the same day; and (c) the Defendant was 0.071% on the same day; (d) the Defendant raised an objection to this and measured blood around 01:05 on the same day; and (e) measured the blood alcohol content at around 01:14% on the same day.

Therefore, the Defendant’s blood collection was conducted about 41 minutes from the final drinking time (as from the time of regulation, about 33 minutes). This constitutes an increase in the volume of drinking after a normal person made a final drinking and then reaches the highest drinking level (30-90 minutes after drinking).

(c).