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(영문) 수원지방법원 2017.05.16 2016고단7595
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On November 22, 2016, the Defendant driven a Category C car under the influence of alcohol content of about 0.232% from the 4km section from the front of the trade influoral main point in the Seogdong-si, Suwon-si, Suwon-si, Man-do, Suwon-si, to the 20-Ra, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-do, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol among bloods;

1. A report on the detection of the driver involved in the primary business (No. 16 of evidence list);

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

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

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. On November 22, 2016, the Defendant, from around 19:00 to around 21:10, the Defendant 21:46, where approximately 36 minutes elapsed, was b1:46, and was pulmonary measurement, and the blood alcohol concentration was limited to 0.122%.

After all, the defendant's blood collection request and the measurement conducted by blood test at around 22:35 that led to 0.232% of alcohol while blood. The result of such blood test is difficult to view that it is reasonable in the course of increase of the defendant's blood content. Thus, the defendant's blood alcohol content should be applied 0.122% which is the most favorable to the defendant out of the range of 30 minutes to 90% of the final alcohol time.

2. Determination

A. The term "measurement" under Article 41 (2) of the Road Traffic Act means a method of measurement by a respiratory tester, i.e., a method of measuring the main body of the driver who is dissatisfied with the measurement by collecting blood with his/her consent, and objectively converting the degree of his/her main body into the degree of his/her main body, and is measured by a respiratory tester.

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