beta
(영문) 서울남부지방법원 2014.08.11 2014고정1383

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

At around 22:00 on March 28, 2014, the Defendant driven a dBS broadcast with a degree of 500 meters to the south of the same 2nd of the former female located in Yeongdeungpo-gu Seoul Metropolitan Government, while under the influence of alcohol with 0.050% of alcohol content.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E’s legal statement (a prosecutor’s statement on July 21, 2014, invoked as evidence);

1. A copy of the results of the crackdown on drinking driving, a report on the situation of driving under driving under the influence of alcohol;

1. Application of the Act and subordinate statutes to replys to inquiries by the Road Traffic Authority (which shall be invoked as evidence of the prosecutor's written opinion on July 21, 2014).

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. The defendant's defense counsel's defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act argues that although the defendant's defense counsel has driven alcohol at the time and place stated in the facts of the crime, it is not clear whether there is an error in the pulmonary drinking measuring instrument, it is possible to confirm whether the defendant has taken measures, such as replacing the pulmonary drinking measuring instrument with water being suffering at the time of the measurement of the case, and since the procedure right to be recommended for reinspection or blood examination was not guaranteed, it cannot be readily concluded that the defendant had a state of 0.050% alcohol concentration at the time of driving only

However, the following circumstances, which are acknowledged by each evidence of the court's ruling that this court has duly adopted and investigated, are the state of revision to indicate the measurement value at a low of 5% considering that the maximum permissible flight is 5%, and the measurement method of this case was corrected at four months to verify whether the maximum flight is less than 5%, and the measurement method of this case was corrected within the correction period, and the blood alcohol concentration between 30 to 90 minutes after the final noise.