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(영문) 전주지방법원 2021.02.02 2020고단247

도로교통법위반(사고후미조치)등

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The punishment of the accused shall be determined by six months of imprisonment.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

"200 Highest 247"

1. On November 20, 2019, the Defendant violated the Road Traffic Act (driving of alcohol) on the road: (a) around 20:10, the Defendant stated in the facts charged at least 0.08% of alcohol level in approximately 300 meters from the front of convenience points in C, located in the Jinan-gun, Northwest-gun, North Korea, to the front road located in D, Jinan-gun, North Korea, the Defendant’s blood alcohol level at the time of the Defendant, as stated in the facts charged, is 0.145%; and (b) the Defendant’s notification of the results of the crackdown on driving of alcohol (the page 23 of the investigation records of the instant case) also

However, it is difficult to readily conclude that the Defendant’s blood alcohol concentration level at the time of the instant crime reaches 0.145% when considering the increase in alcohol level ( approximately 30 minutes from drinking to 90 minutes) in ordinary blood when he/she drives a drinking, when he/she takes a alcohol test as above, 20:32, when he/she takes a alcohol test, and 19:5. When the Defendant finally drinks alcohol, he/she is identified as 19:55.

However, when considering the fact that the defendant led to the crime of this case, and that the defendant stated that he dye dye wn wn wn wn wn wn wn at the investigation stage (35 pages of the investigation records of this case), it seems that the defendant's blood alcohol level at the time of the crime of this case is more than 0.08% as stipulated in the applicable law of the facts charged by

Therefore, to the extent that the identity of the facts charged is recognized and the defendant's right of defense is not infringed, the alcohol concentration of the defendant's blood is corrected ex officio.

In the state of the influence of alcohol, the F Spanpo car was driven by the driver.

2. The Defendant is a person who is engaged in driving a car in a FSpo area.

The Defendant driven the above car at the time of the day set forth in paragraph 1 and led to G from the front side of the E-lane Do to G at the front side of the city in order to drive the car at the time set forth in paragraph 1.

At the time, the place is at night, and the center line of yellow solid lines is installed.