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(영문) 의정부지방법원 고양지원 2016.02.12 2015고정659

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On January 13, 2015, at around 23:50, the Defendant driven a E- low-income motor vehicle while under the influence of alcohol at least 0.05% in the section of about 100 meters from the front road of D building located in Seocho-gu Seoul Metropolitan Government to the front road of 385, as the beginning of the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant should be pronounced not guilty on the ground that there is no evidence to prove that the blood alcohol concentration exceeds 0.05%, which is the punishment standard at the time of driving.

2. According to the evidence duly admitted by this court, it is recognized that the Defendant was making final drinking around 23:40 on January 13, 2015, and that the Defendant was making final drinking, from January 13, 2015 to January 23:50, 2015, and that the Defendant was making final driving from January 13, 2015, from January 23:46 to January 23:50, 2015, and that the result of the measurement of alcohol concentration in the blood from the respiratory was 0.051% at the time of the final driving. The Defendant’s blood concentration in the blood from the Defendant’s blood collected at around 00:19 on January 14, 2015 was 0.085%.

According to the above facts, although the time when the defendant was driving was at the time of blood alcohol concentration, the defendant was at the time of blood alcohol concentration.

Although they appear, in light of the fact that all alcohol concentration in blood that was 0.05% or more of the blood that was 29 minutes after the final driving and the blood that was 29 minutes after the final driving exceeded the standard level, the defendant's blood concentration in blood was 0.05% or more at the time of his/her driving, and is proved to the extent that there is no reasonable doubt.

Part of the Reasons for Innocence

1. The summary of this part of the facts charged is as indicated in its reasoning, the Defendant driven Efranchising automobiles while under the influence of alcohol concentration of 0.085%.

2. Determination.