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(영문) 인천지방법원 2014.10.16 2013고단8025

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 September 5, 2013, at around 02:27, the Defendant, while under the influence of alcohol of 0.126% of blood alcohol concentration, driven an E Car of E Car at approximately 12 km from the path front of the Ocheon-gu Incheon Nam-dong, Incheon, to the front day of the D cafeteria located in the Dong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the witness F in the court;

1. G statements;

1. A copy of the protocol of interrogation of police officers in Incheon District Court 2014No1577;

1. A copy of the Incheon District Court Decision 2014No1577 case, and a copy of the interrogation protocol of public prosecutor's office;

1. Statement of the police statement related H;

1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Each investigation report, relevant photographs, investigation reports (in the application and investigation of the Madmark), investigation reports, health examination report, and health examination report;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the defendant's defense counsel's assertion under Article 186 (1) of the Criminal Procedure Act to bear litigation costs

1. Although it is recognized that a police officer drinks alcohol before driving the main point of his argument, but the police officer dices alcohol in the body immediately preceding the clerical error after driving. According to the Defendant’s statement, the police officer calculated the level of drinking alcohol as 0.86% by calculating the level of drinking alcohol in the body and the dmark formula as 0.30%, and then calculated the remaining 0.126% from the blood alcohol concentration as at the time the detection was made by 0.256% as the blood alcohol concentration against the Defendant.

However, if 0.52 to 0.86 applies the most favorable to the defendant, the blood alcohol concentration after blood alcohol concentration is 0.214%, and if it is deducted from the above 0.256%, the blood alcohol concentration before the driving of the defendant is only 0.42%.