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(영문) 수원지방법원 2016.04.06 2015고정3184

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 23:50 of 2015, the Defendant driven C Mt Motor Vehicles at approximately 5km from the 347th day of Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si to the roads front of the IC, Suwon-gu, Suwon-si, Suwon-si, Suwon-si without obtaining a driver's license for a motor vehicle at around 23:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Optional Selection of Punishment)

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, which is the order of provisional payment

1. On April 27, 2011, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (driving alcohol) at the Suwon Friwon method, and on August 21, 2015, a fine of four million won for the same crime was respectively sentenced from the Daejeon District Court’s Incheon District Court Branch.

On October 12, 2015, the Defendant driven C Eth Business Motor Vehicle at approximately 5km from the 347-day, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, to the roads front of the IC, Suwon-gu, Suwon-si, Suwon-si, the alcohol content of which was 0.052%, while under the influence of alcohol during blood at around 23:50 on October 23:50.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol content in blood is 0.052% at the time of the Defendant’s driving or not at the time of driving alcohol, the alcohol content in blood measured at a considerable time after the completion of driving, among blood measured at the time of the completion of driving, has remarkably exceeded the punishment standard.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood content.