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(영문) 광주지방법원 2015.11.12 2015고정919
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-Sa car.

The Defendant’s charges around April 7, 2015 were around 23:30, around April 7, 2015, around 23:55. However, according to the following evidence, the time when the Defendant driven the Defendant is acknowledged as around 23:30.

While under the influence of alcohol level of not less than 0.05%, the said car was driven from the front line of the Dju store in Gwangju Northern-gu, Gwangju to about 700 meters from the night room in Gwangju Dong-gu to the front route of the Mplrg Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. The portion not guilty under Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse;

1. The summary of the facts charged is that the Defendant driven a car under the influence of alcohol with a blood alcohol level of 0.143% at the time and place of the crime in the judgment below.

2. Determination

A. According to the evidence submitted by the prosecutor, the Defendant entered the result of drinking driving control in the police deliberation council from April 7, 2015 until April 23:30, 2015, the final drinking time is around April 23:30, 2015, and the police interrogation protocol against the Defendant entered the final drinking time at around April 7, 2015. In light of the vehicle driving distance, it is reasonable to view that the final drinking time is recorded in the report on the result of driving control.

On the same day, while driving a 70-meter 70-meter vehicle from the place of the D week located in Gwangju North Korea, the blood alcohol concentration was measured by 0.112% on the same day as the blood alcohol concentration was measured at around 23:34 on the same day as the blood alcohol concentration was measured at around 23:55. On April 8, 2015 at the Defendant’s request, the blood alcohol concentration was measured by blood sampling around 00:24 on April 8, 2015.

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