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(영문) 수원지방법원 2020.04.09 2019고단7993

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person subject to the Korea-U.S. Administrative Agreement.

On July 24, 2019, at around 23:40, the Defendant driven a DNA car at approximately 20 meters from the 20-meter section to the front road located in the same city B from the cafeteria near the mutually unclaimed restaurant located in Pyeongtaek-si and the B, while under the influence of alcohol by 0.065% of blood alcohol level.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Although the Defendant and the defense counsel did not agree to the use of the situation report on driving under the influence of alcohol, investigation report (report on the situation of the driving under the influence of the driver), each of the above evidence stated the fact that E was directly experienced by the control police officer, who conducted a drinking test to the Defendant, as a witness in the court, and the authenticity of each of the above evidence is recognized as admissible.

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Each notice of completion of correction and the ledger of the use of a drinking measuring instrument [the defendant and his defense counsel confirmed alcohol reaction through the drinking-free machine of the defendant on July 24, 2019, which was six hours prior to the time of the measurement of alcohol in this case, on July 18:0 to 19:30, which was about six hours prior to the time of the measurement of alcohol in this case, while the blood alcohol level was measured to be over 0.065%, and the blood alcohol level was over 0.065%, and the result of the measurement can not be believed. In light of each evidence duly adopted and investigated by this court, the police officer E confirmed alcohol reaction through the drinking-free machine of the defendant on July 24, 2019.

Using E, the Defendant’s blood alcohol level was measured as 0.065% by the Defendant’s blood alcohol level, E was measured as 0.065% by the Defendant’s blood alcohol level, and E is dissatisfied with this.