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(영문) 광주지방법원 2012.12.06 2012고정1905
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 5, 2012, at around 02:04, the Defendant driven a DNA car with a blood alcohol content of 0.101%, while under the influence of alcohol, and continued approximately KRW 200 meters to the front of the Gabus in front of the Gabus in the south-gu in Gwangju, Nam-gu, as well as the Gabus in front of the Gabus.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Around 02:04 on June 5, 2012, the Defendant, while under the influence of alcohol at a 0.140% of the blood alcohol content, driven a DNA car and proceeded with approximately KRW 200 meters to the front of the Gabus in front of the Gabus in front of the Gabus instigates-gu Nam-gu, Gwangju by driving a DNA car with a alcohol content of 0.140%.

2. According to each of the lower judgment’s circumstantial statement, blood collection statement, and blood alcohol appraisal statement, the Defendant, on June 5, 2012, measured pulmonary measuring instruments around 02:04, and measured 0.101% of blood alcohol content to a police officer. As a result, the Defendant raised an objection thereto to collect blood and measured the blood at around 02:15 on the same day, and as a result, measured 0.140% of blood alcohol content.

The blood alcohol content shows about 0.04% higher than the pulmonary measurement value even when the collection of blood to the defendant was conducted when approximately 10 minutes have not elapsed from the time of the pulmonary measurement, and in the case of statements E made by the defendant and E in this court, the defendant and E gred from this court "in this court, the defendant and the drinking place, gred from this court, and confirmed that the defendant's drinking control was conducted, and contact the defendant.

At that time, 01:53.

From that time, drinking was completed 10 minutes prior to that time.

Finally, ..

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