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(영문) 수원지방법원 2014.11.17 2014노4359
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the Defendant dices alcohol from May 26, 2014 to around 00:00 on May 26, 201, and thereafter discovered to police officers during driving at around 00:35 on the same day, and measured by the respiratory measuring instrument at around 01:05 on the same day, the numerical value of blood alcohol content reaches 0.121%.

However, until 01:30 minutes after the Defendant’s final drinking time, the blood alcohol concentration has risen, and the highest point at around 01:30, the evidence submitted by the prosecutor alone was not proven without any reasonable doubt that the blood alcohol concentration at around 00:35 is above 0.1%.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in violation of the rules of evidence.

(1) After filing an appeal against the lower judgment, the Defendant served a written notification of the receipt of the notification of the receipt of the trial record on August 14, 2014, and filed the statement of the grounds for appeal on September 3, 2014, within 20 days thereafter, and the written statement of the grounds for appeal does not contain any allegation on the grounds for appeal stating that there is any violation of the rules of evidence as above, and no allegation on the grounds of unfair sentencing is stated in the grounds for appeal. Thereafter, the Defendant stated that “the reduction of a fine is requested” at the time of final argument on October 29, 2014 at the date of the first trial on October 29, 201

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.

1) On May 25, 2014, the Defendant drank alcohol around a short time, and thereafter driven a body-man car into B apartment that is the Defendant’s residence. 2) On May 26, 2014, the Defendant received a report from the police officer on the receipt of the Defendant’s assaulting the Defendant’s security guards around B apartment house 00:35 on May 26, 2014, and the Defendant was dispatched to the police officer, and the Defendant’s drunk driving by the police officer dispatched was

At the time of detection, the walking of the defendant is divided into the normal, speech and behavior, and the color of the defendant is little.

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