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(영문) 울산지방법원 2014.06.27 2013노906

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The Defendant driven a drinking alcohol when about 30 minutes have elapsed since the start of drinking, and it was true that the blood alcohol concentration may increase as the alcohol was continuously absorbed in body for a certain period after drinking, but on the other hand, depending on the degree of alcohol level and the degree of alcohol level and the foods taken in, etc. depending on the influence of decomposition by a new and new Ambassador in body, the trend of blood alcohol concentration may vary considerably. As such, when the Defendant drives a drinking alcohol, the Defendant was found to have absorbed the alcohol in body and combined the decomposition process. In light of the fact that the Defendant’s walk at the time of drinking control, the Defendant’s walk at the time of drinking control was in a non-distance and red state, and that the number measured at about 300,000 and 300,000 after drinking was very high, and that the Defendant was found not guilty of the charge of the instant case at least 10,000,000,000 won during normal control hours, and that it could have an influence on the judgment.

Before the judgment on the grounds for appeal on the judgment of the court below, the prosecutor examined the case ex officio prior to the judgment on the grounds for appeal on the judgment of the court below, and the prosecutor applied for changes in indictments as stated in the facts charged below to the effect that “as of December 26, 2012:2:26,” and “as of December 26, 2012,” “as of December 22:16, 2012,” “as of December 26, 2012,” “as of December 26, 2012,” “as of 0.153% of blood alcohol concentration”, and “as of 0.1% or more of blood alcohol concentration”, the applicable provisions of law are “Article 148-2(2)3 and 44(1) of the Road Traffic Act, Article 334(1) of the Criminal Procedure