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(영문) 인천지방법원 2017.11.09 2017고정1519

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around February 22:25, 2017, the Defendant, who is engaged in driving D-p-car, driven the said car at approximately five meters while under the influence of alcohol from around 0.05% to below 0.1% of alcohol in blood on the front of F Real Estate located in Gyeyang-gu Incheon, Gyeyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Statement of the circumstances of driving and a statement of control;

1. Application of Acts and subordinate statutes to report on investigation (investigation into suspect booms and video analysis);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the primary charge) of the Criminal Procedure Act in the order of provisional payment;

1. The summary of the facts charged is as follows: (a) the Defendant is a person engaging in driving a D-p car; (b) around February 22:25, 2017, the Defendant driven the said car at a level of about five meters while under the influence of alcohol content of about 0.104% in blood on the front of the F Real Estate located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

2. Determination

A. Although alcohol content in blood due to drinking has a little number of individuals, it has reached the highest value after 30-90 minutes have elapsed since drinking, and later, it is known that the amount of approximately 0.08% to 0.03% per hour (average approximately 0.015%) has gradually decreased.

However, with respect to the increase of alcohol content per hour until the alcohol content reaches the highest level after drinking, the amount of increase cannot be calculated on the ground that there is no information from the research or investigation to the point of time, and there is no data about it.

Therefore, when driving time comes to whether the alcohol concentration in blood is belonging to the situation of increase in the highest value or belongs to the situation of lowering after reaching the highest value, and when there is a possibility of increase in the situation of rise, it is time of driving by means of reverse calculation from the time of measuring the alcohol concentration in blood by applying the above dmark formula.