logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2014.07.14 2014고정617
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 14, 2014, at around 00:52, the Defendant driven a C low-speed vehicle in the section of about 30 meters from the string of the trade name in the vicinity of the Busan Southern-gu Traffic Broadcasting to the front road of the nearby traffic broadcasting station, while under the influence of alcohol by 0.132% of alcohol concentration.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the actual state of the driver;

1. Requests for appraisal of blood alcohol concentration;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel's defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since it is reasonable to view that the defendant's blood alcohol concentration has increased for about 51 minutes from the time of the final alcohol alcohol to the time of blood extraction, it is reasonable to determine the 0.094% of the blood alcohol concentration in the defendant's blood alcohol concentration near the operating time by the pulmonary measurement, and that the 0.094% of the blood alcohol concentration in the pulmonary measurement and 0.132% of the blood alcohol concentration in the 0.038% of the 0.038% of the 0.038% of the 094% of the 0.094% of the 0.094% of the blood alcohol concentration in the highest

Even in cases where there is time interval between the blood alcohol concentration and the blood alcohol concentration measurement point, such circumstance alone cannot be deemed as impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the blood alcohol concentration at the time of measurement.

In such cases, whether or not it can be seen as above the standard value at the time of driving or not, the distance between the time between the driving and the measurement, the difference between the measured blood alcohol concentration and the standard value for punishment, and the drinking continued.

arrow