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(영문) 인천지방법원 2018.04.13 2018고정712

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 17, 2011, the Defendant was issued a summary order of KRW 15 million for a crime of violating the Road Traffic Act by the Incheon District Court. On November 12, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by the Incheon District Court.

On November 16, 2017, the Defendant violated the prohibition of drinking driving two or more times, and once again, driven a B-hurd motor vehicle under the influence of alcohol level of 0.072% while under the influence of alcohol level of 0.072% at around 150m in front of the Mean Republic of Korea, which was located in Jung-gu, Jung-gu, Incheon, Jung-gu, Incheon, with the light of 65-23, a separate light of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Each report on investigation;

1. Previous conviction: A written reply to inquiry, such as criminal history, confirmation of the same record, a summary order of 201, the Incheon District Court 201, the Incheon District Court 556, the summary order of 2013, the Incheon District Court 2013, the summary order of 3269, the fixed-term 3269 [In the absence of any abnormal record, the Defendant changed equipment, and delayed 20 minutes

The argument is asserted.

According to the investigation report (in the investigation record 7 pages), the police officer of the Young-gu Wol 51 who was dispatched after receiving a report of a drinking driving, first controlled the police officer, so that the police officer in charge of the traffic was in charge of drinking and requested a measurement of drinking again, and the police officer in charge of the traffic patrol called 112, attempted to stop drinking again, first, the police officer's response to drinking again was 0.072% as the result of the third measurement with the measuring instruments.

In this process, it can be found that there was an interval between time and the measurement of drinking after detection, but in light of the fact that the time is about 20 minutes and that it is difficult to 0.05% of the measured depositee and the fact that it is difficult to 0.05% of the measured depositer, which is the standard for punishment, and that drinking driving is controlled upon receiving a report.