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(영문) 수원지방법원 안산지원 2015.06.05 2015고정562
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 5, 2015, around 22:30, the Defendant driven a Bunststun vehicle under the influence of alcohol leveling 0.135% from the 4km section of the blood alcohol level from the front day of Ansan-si to the upper 445-6 front day of the same Sinsan-si.

Summary of Evidence

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Statement of the police statement regarding C;

1. A traffic accident report, a traffic accident report, a traffic accident detection report, and a circumstantial report;

1. Application of Acts and subordinate statutes related to each accident;

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 a crime;

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

1. Defendant’s assertion and judgment under Article 334(1) of the Criminal Procedure Act

1. The Defendant is not punished on the ground of blood alcohol concentration as stated in the instant facts charged in which the Defendant was breath in a state where he was in a state where he was unable to be fluordable, and was in a state where he was in a state where he was found to have a breath alcohol decomposition ability after the pulmonary cancer surgery

2. Determination

A. The measurement of alcohol concentration by pulmonary measuring instruments is conducted to measure the breathe degree of alcohol absorption into the blood through the breathesis, and thereby, discharges into the respiratory air. Thus, in a case where a considerable period of time has not elapsed from the time of final drinking, or in a case where the alcohol remaining in the mouth due to the use of ttototos, earth, stotos, dental steel, mouth steel, oral ctostos, etc., and the blood on the upper part of the body are measured together with the respiratory air discharged from the waste, it can show a higher level of alcohol concentration than the actual blood alcohol concentration. Thus, in a case where the breathe level of alcohol concentration by the brea while the brea measuring instrument did not put the body in place with water, only the measurement result of blood alcohol concentration by the brea measuring instrument is essential.

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