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(영문) 서울서부지방법원 2017.10.20 2017고정322
도로교통법위반(음주운전)
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 14, 2016, at around 10:48, the Defendant driven B K-5 cars while under the influence of alcohol content of about 0.123% from the 6km section of the blood alcohol level to the river north 173-1, which is located in 5-1, the 5-1, the vehicle located in Mapo-gu Seoul, Mapo-gu, Seoul, to the 173-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a driver employed by each owner;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

1. The blood alcohol concentration 0.123% of the blood alcohol concentration as stated in the relevant Article of the Act and Articles 148-2(2)2 and 44(1)(p) of the Road Traffic Act concerning the criminal facts and the selective punishment shall be deemed the final drinking time of around 11:19, which is the first 112 reporting time, and the blood alcohol concentration was at the same time.

Then, on the premise that the blood alcohol concentration between the maximum level of 12:49 and the blood alcohol concentration is sought from 0.121% from the blood alcohol concentration level at the time of collecting blood. Thus, the blood alcohol concentration level at the time of driving is not unfair, but from the blood alcohol concentration level at the time of driving. However, according to the evidence submitted by the prosecutor, the time when the Defendant completed drinking appears to have waived the Defendant’s substitute driver at the latest point of 10:48 and the blood alcohol concentration level at around 12:4 when considering that the blood alcohol concentration level at around 12:126% is 0.126% from the blood alcohol concentration at the time of driving by the Defendant.

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

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

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