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(영문) 대전지방법원 2018.11.30 2018고정1029

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On June 10, 2018, the Defendant, while under the influence of alcohol content of 0.051% among the blood transfusion around 22:23 on June 10, 2018, driven a motor vehicle of approximately 50km in the section from the 3-dong apartment parking lot of the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Apartment to the road front of the Sinpo-si in Sinpo-si.

Summary of Evidence

1. Partial statement of the defendant;

1. In the investigation report (the main driver’s circumstantial report), the statement of alcohol alcohol during the blood, and the investigation report (the examination of the suspect’s alcohol concentration in the blood) (the Defendant’s operation at the time of completion is clear that the Defendant was in the lower mouth of the blood alcohol concentration at the time when about 10 hours elapsed from the last drinking time. Since the blood concentration in the blood due to the result of blood collection collection collection results 0.051% after the driving time, it can be sufficiently recognized that the Defendant’s blood alcohol concentration at the time of driving was 0.05% or more.

The application of Acts and subordinate statutes to the Defendant’s assertion that it is unclear whether the blood alcohol concentration exceeds 0.05% at the time of driving, since the alcohol concentration in the blood cannot increase due to the decline in alcohol level due to stress, as otherwise alleged by the Defendant.

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides for a defense that is difficult for the defendant to obtain, denies his/her responsibility, and does not seem to be contrary to the attitude of the investigative agency and this court. Considering unfavorable circumstances, such as the fact that the victim driven a considerable distance under the influence of alcohol, the defendant’s environment, motive, means, and consequence of the crime, the circumstances after the crime, etc. are revealed in the arguments of this case.