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(영문) 서울중앙지방법원 2016.09.06 2016고정1115

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1 million at the Seoul Central District Court on April 28, 2008, and a fine of KRW 3 million at the Seoul Northern District Court on May 23, 2011, respectively.

On February 5, 2016, at around 23:23:23, the Defendant driven a C throman car at the section of about 300 meters from the roam death or parking lot located in Jung-gu Seoul, Jung-gu, Seoul to the road before the KCC C 185, with the alcohol concentration of at least 0.050% and below 0.075%.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. A written request for appraisal and a written report on appraisal;

1. Previous convictions in judgment: Investigation report (verification of a suspect's previous convictions) and application of each summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Consideration, such as that, except for legal arguments, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu, the head of Gu,

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant did not have a large amount of drinking alcohol at the time, and the blood alcohol concentration was increased at the time of breathing, and thus, the Defendant cannot trust the pulmonary measurement or blood measurement result conducted after a certain period of time after the final driving, and its numerical value exceeded the punishment standard, so it cannot be readily concluded that the blood alcohol concentration was above 0.05% at the time of driving. (ii) However, even if the blood alcohol concentration was at intervals between the time of drunk driving and the time of measuring the blood alcohol concentration, such circumstance alone alone is insufficient to deem that the blood alcohol concentration was above 0.0%.