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(영문) 대전지방법원 천안지원 2013.03.08 2012고단1748
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 4, 2012, at around 22:20, the Defendant driven a D rocketing car without obtaining a driver’s license from the front road of the “Camb,” located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seoan-do, to the large intersection of the red intersection located in Seoan-gu, Seoan-gu, Seoan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for criminal facts;

1. The portion not guilty on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, taking into account the criminal records of the defendant's identical crime, the contents of the crime, etc.

1. Around 22:20 on December 4, 2012, the Defendant: (a) driven a Dworket car with a blood alcohol concentration of about 0.102% in the section of approximately 2.5km from the front road of the “Camend bank” located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-do to the red intersection road located in Seoan-dong, Seoan-gu, Seoan-do.

2. In a case where it is impossible to determine whether the blood alcohol concentration at the time of drunk driving belongs to the situation in which the blood alcohol concentration at the time of alcohol driving or belongs to the situation in which the blood alcohol concentration at the time of alcohol driving, or where it is difficult to determine whether it falls under the situation in which the blood alcohol concentration at the time of alcohol driving, and it is possible to determine whether it falls under the situation in which the blood alcohol concentration at the time of alcohol driving, and it is possible to determine whether it falls under the situation in which the blood alcohol concentration at the time of alcohol driving, it cannot be confirmed that the blood alcohol concentration at the time of alcohol driving cannot be confirmed by applying only the part concerning

(See Supreme Court Decision 2006Du15035 Decided January 11, 2007). In addition, according to the general medical opinion, it is known that the blood alcohol concentration between 30 minutes and 90 minutes after usual drinking has reached the highest value, and thereafter, the blood alcohol concentration has gradually decreased by approximately 0.08% per hour to 0.03% per hour.

In this case.

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