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(영문) 청주지방법원 영동지원 2018.04.26 2017고정58
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 9, 2017, the Defendant driven a 0.184% alcohol level from around 17:20 to around 10km Do-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, the trade name of the non-cafeteria to 0.184%, while under the influence of alcohol level from around 17:20 to around 3rd of the commercial distance in front of the same military.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each investigation report (the sequence 4,5 of the evidence list);

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a written statement of a driver who takes charge;

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

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

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument recognizes the fact that the defendant driven at the time and place stated in the facts charged in this case while drinking alcohol.

However, in light of the remaining possibility of alcohol in the mouth, the Defendant’s blood alcohol concentration level was 0.184% higher or 0.1% higher than the standard custodian at the time of driving of the instant case, since the drafting was conducted by the pulmonary measuring instrument without suffering from his/her string part, and was conducted by the pulmonary measuring instrument.

shall not be deemed to exist.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant should be deemed to have driven a vehicle while under the influence of alcohol with the degree of alcohol level 0.184%, which is measured as water before the measurement of drinking in this case.

The defendant and defense counsel are not accepted.

① The police officer E and the assistant F, who was called up at the time of the instant case, conducted a drinking test on the Defendant at the site of the instant case.

The notification of the results of drinking driving control prepared by the slopeF and the details E are as to whether the state driver's circumstantial statement prepared by E is her her her her her her her her.

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