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(영문) 부산지방법원 2019.01.11 2018고정1672

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

피고인은 2018. 9. 8. 23:57경 혈중알코올농도 0.181%의 술에 취한 상태에서 거제시 B 주차장을 출발하여 거제시 C에 있는 “D횟집” 앞 도로까지 약 20m를 E 르노삼성 에스엠쎄븐(SM7) 승용차를 운전하였다.

[This case’s blood alcohol level is unreasonable since Defendant / counsel did not at all calculate the blood alcohol level from the point of time when the Defendant’s blood alcohol level was 90 minutes since the point of time when the Defendant was under the influence of alcohol, and determined that it was the blood alcohol level at the time when he was under the influence of alcohol level at the time when he was under the influence of alcohol. Although the point of time between the driving point and the point of time when the blood alcohol level was measured, it cannot be deemed impossible to prove that the blood alcohol level at the actual driving point exceeded 0.1%, which is the punishment standard under the applicable provisions of this case’s law. In such a case, whether it can be seen that the blood alcohol level at the time when he was under the influence of alcohol level was under the influence of 3: the distance between the driving point and the point of time when he was under the influence of alcohol level, the difference between the measured blood alcohol level and the point of time when he was under the influence of alcohol level at the time when he was under the influence of alcohol level 13.