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(영문) 의정부지방법원 2015.07.24 2015고단425

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 22, 2013, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) at the District District Court of the Republic of Korea on March 27, 2014. On March 27, 2014, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution. The judgment of suspended execution becomes final and conclusive on April 4, 2014, and is currently under suspended execution.

On December 22, 2014, at around 02:55, the Defendant driven a motor vehicle with a cromatic alcohol concentration of 0.327% under the influence of alcohol without obtaining a driver’s license in the three-lane section from a non-place located in the Dongducheon-si to a neighboring road in the free will of both countries.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Inquiry into the result of the crackdown on drinking driving;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Notice of completion of correction;

1. Previous convictions: Criminal records and investigation reports (Attachment of criminal records of the same kind as the accused's judgment, etc.) and the defense counsel drinks the amount of alcohol similar to that of the detection of the instant case at the time of the detection, and they claim to the effect that the blood alcohol concentration was too high than that of the instant case, and that the blood alcohol concentration was found to have been erroneous in the pulmonology or measurement process.

However, according to the above evidence, it is true that the respiratory measuring instrument used at the time was confirmed that it satisfies the quality standards of drinking meters one month prior to drinking, and that D, a control police officer at the time, confirmed that the Defendant was at the time of drinking, was at least 20 minutes after the period of drinking, and made the Defendant be at his/her place of driving, and conducted a measurement using the

In addition, the defendant recognizes the blood alcohol concentration at the time of interrogation in the police.

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