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(영문) 광주지방법원 순천지원 2021.02.17 2020고단1823

도로교통법위반(음주운전)

Text

The defendant shall be innocent.

Reasons

1. On October 8, 2014, the Defendant was determined to suspend indictment for a violation of road traffic laws at the net branch offices of the Gwangju District Public Prosecutor's Office and at the Gwangju District Public Prosecutor's Office.

On May 4, 2020, the Defendant driven three cargo vehicles with D 3, while under the influence of alcohol content of 0.068% in the blood, from the front side of the Southern City, B to the front road of the same city C, from around 14:45 on May 4, 2020.

2. In the case of driving alcohol, if it is impossible to measure the blood or pulmonary level of alcohol while driving alcohol after testing the driver's blood or pulmonary sample, it is necessary to use the so-called dmark formula to calculate the blood concentration at the time of driving and use it as material for conviction. However, in the case of using scientific and other empirical rules to find out the existence of the elements of crime, individual and specific facts are required to be strictly proved. In the case of the above dmark formula, it is necessary to establish such premise in order to determine the quantity of alcohol taken in, drinking time, body weight, etc., to determine the relevant premise (see Supreme Court Decision 9Do128, Jun. 27, 200; 200Do128, Jun. 27, 200; 200Do128, concerning the presumption of the blood concentration at the time of driving in accordance with the above dmark formula, the degree of personal alcohol concentration at the maximum degree and degree of decomposition of alcohol contained in alcohol; 2.