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(영문) 대구지방법원 2014.01.15 2013고정2519
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a two-dimensional car.

On October 06, 2013, around 00:25, the Defendant driven the said vehicle under the influence of alcohol level of approximately 400% of the blood alcohol level of about 0.132%, from around 00:25, to the front day of the Cukdong, in front of the Maduk-dong, the Maduk-dong, Daegu Sinsan-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The application of Acts and subordinate statutes to report the results of the control of drinking driving and the circumstances 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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserts that since the control police officers did not take measures to prevent excessive measurement due to remaining alcohol in the mouth and did not take measures to prevent excessive measurement due to the remaining alcohol in the mouth before the lapse of 20 minutes from the point of time of final drinking, the accuracy of the numerical value of the measurement of alcohol in this case is

According to the above evidence, even if the measurement of alcohol in this case was conducted in a state where 20 minutes have not passed since the last drinking time, it is recognized that the defendant was taken measures to prevent excessive measurement due to remaining alcohol in the old mouth, such as the part of the place where the defendant would suffer prior to the measurement of alcohol in this case, and considering all the circumstances shown in the records of the above recognition, the defendant's assertion is not acceptable since the accuracy of the quantity of the alcohol in this case is guaranteed.

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