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(영문) 수원지방법원 성남지원 2013.04.25 2013고정544
도로교통법위반(음주운전)
Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On December 5, 2012, the Defendant stated that at around 14:20 on December 14, 2012, the Defendant did not drink alcohol at around 03:00 on the day of committing the crime (Evidence No. 28, 39). Since at around 15:24, at the time of the alcohol alcohol measurement, the blood alcohol concentration was lower time, at around 15:24, the Defendant calculated by applying the 0.08% favorable to the Defendant, among the 0.08% reduction per hour of blood alcohol concentration at around 15:24, the blood alcohol content was the lowest time.

In other words, while under the influence of alcohol, 0.09% [08%] x 64 [14:20% or more of the final driving time (the time when a traffic accident occurred) / 60] / 60], the driver driven B-low car volume from the distance of about 4 kilometers in the vicinity of the yellow Saribado located in the same city of the same city from the front point of the Shariba, which was located in the Soridong in the same city of the city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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