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(영문) 수원지방법원 안산지원 2018.10.31 2018고정538
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 5, 2018, at around 05:30, the Defendant driven a C Car with approximately 50 meters alcohol concentration 0.150% while under the influence of alcohol level 0.150%, from the front of B apartment house to the entrance of B apartment underground parking lots.

(A) The Defendant 1 drinking a half of the week to April 20 of the above date, 4:29 substitute officers and sent to the apartment under the influence of the substitute officer. The contact accident occurred while the Defendant sent the substitute officer and moved to the underground parking lot, and the other party to the contact reported to the police around 5:41, and 0.108% of the respiratory results was measured.

At the time of the breath measurement, the defendant is inaccurate, the pedestrian state is a little big, the blood color was red, and the body was discussed in the toilet.

The defendant requested 6:20 to measure the collection of blood at around 7:20 and measured the blood value at 0.15%.

According to the above facts, the time when the defendant's driving is completed is 5:30 square meters.

In light of the following facts: (a) the Defendant measured 25 minutes after the expiration of 0.108% of the respiratory measurement value measured by the Defendant exceeds 0.1%; (b) the Defendant was in an inaccurate red color at the time of the pulmonary measurement; (c) the Defendant was in a state of being fluoring, walking, and walking in the toilet; (d) the pulmonary measurement value measured by blood collecting more than the pulmonary measurement value is correct by directly measuring the blood alcohol concentration; and (e) the measurement value by blood collecting more than the pulmonary measurement value exceeds 0.15% at the time of the end of the above 1:50 period after the end of the 1:50 period; and (e) the blood alcohol concentration at the time of the Defendant’s driving of alcohol exceeding 0.1%

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Written statements of D;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the result of regulating the driving of drinking alcohol and the drinking driver's Stick;

1. Consent to and confirmation letter of blood collection;

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