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(영문) 대구지방법원 2018.12.07 2018노2306
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact, was under the influence of alcohol at the time of driving of the instant case, but was under the influence of alcohol concentration of 0.066% as stated in the facts charged.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, it is recognized that the Defendant driven under the influence of alcohol while under the influence of alcohol 0.066% as stated in the instant facts charged.

Therefore, this part of the Defendant’s argument is without merit (the result of written appraisal submitted by the Defendant at the lower court does not interfere with the recognition of the facts charged in the instant case). ① The Defendant collisioned with urban buses on the day of the instant case, which was driving a vehicle, and the Defendant responded to the alcohol measurement by the police officers dispatched to the scene of the accident upon receiving a report.

② At the time of the accident, D, a police officer, sent to the accident scene, was measured with blood alcohol concentration of 0.066% as a result of the measurement of alcohol to the accused at the time, and notified the accused of this.

The Defendant stated that the Defendant made a statement on the circumstance report of the driver who was placed in driving and the notification of the results of the drinking driving control, and the signature was written in the sexual name column of the notification, and carried out the procedure of the drinking alcohol measurement in accordance with the ordinary procedure.

D's testimony is reliable because it is not possible to find out specific, particularly contradictory or non-conformity with the rule of experience.

③ In the investigation process of the instant case, the Defendant’s blood alcohol concentration is written as 0.066%. The investigation report (the circumstance report of the driver in charge), the statement report on the situation of the driver in charge, the notification of the results of the crackdown on the driving of alcohol, and the notification of the results of the crackdown on the driving of alcohol.

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