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(영문) 대전지방법원 2015.09.24 2015고정780
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. On March 8, 2015, the Defendant was under the influence of alcohol of 0.151% in blood alcohol concentration on March 8, 2015, the Defendant driven Dworkuna car at a section of approximately 6 km from the street corner in front of the trade name and aesthetic seat in the Seo-gu Daejeon, Seo-gu, Daejeon to the parking lot of about 407 Daejeon U.S. C Apartment-dong 407.

2. Determination

A. The Defendant asserts that it is difficult to recognize the fact that the Defendant driven a alcohol while under the influence of alcohol 0.151% since the Defendant driven a alcohol while drinking, but the Defendant measured the alcohol level after drinking one disease after drinking.

B. According to the witness E and F’s each legal statement, the police interrogation protocol of the defendant, and the fact-finding reply letter by the chief of the police box, the report that the defendant was driving a vehicle suspected of drinking at around 05:08 on March 8, 2015 was received in the Yusung-gu Police Station. The defendant was sent a request for mutual assistance to the police box around 05:13 on the same day as he was driven by her seat, and around 05:13 on the same day, the defendant was parked in the parking lot in front of Daejeon Seosung-gu Daejeon-gu Daejeon, Daejeon, Daejeon, and the defendant was parked at the defendant’s house at around 05:50.50, the police officer called “I drink at home” to E. The defendant was allowed to voluntarily drive the police box at around 05:57 on the same day, and the father of the defendant was found to have been subject to drinking at the police station of Sejong-gu 201.

C. As above, it is determined that the Defendant had continuously talked that he had drinking alcohol at home, that the witness F’s legal statement was credibility, and that there was an interval between 05:13 and 05:50 where the police officer was finally driven by the Defendant and the police officer was found at home, and that he drinks liquor at intervals of about 35 percent.

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