(영문) 광주지방법원 순천지원 2014.12.10 2014고단1692

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2014.12.10 2014고단1692

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 19, 2013, around 22:30, the Defendant driven a Dbeta car while under the influence of alcohol more than 0.05% of alcohol concentration at approximately 500 meters from the 500-meter section to the Ganyang-si Underground Parking Lot in the Mayang-si, Gwangju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. E prosecutorial statement;

1. The police statement concerning F;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Determination as to the assertion by the Defendant and the defense counsel of the investigation report (the same line of the suspect on the day of the sound driving), the investigation report (Evidence List No. 44)

1. The Defendant’s pulmonary measurement (the result of the measurement: 0.125%) of the gist of the assertion was conducted more than two hours after the Defendant was a drunk, and the Defendant was driving his alcohol at the time immediately after drinking. As such, it cannot be readily concluded that the Defendant driven the vehicle in the state of blood alcohol concentration of more than 0.05%.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average 0.015%) has decreased by 0.08 to 0.03% (average 0.015%). If the driving is completed during the rise of the blood alcohol concentration, the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, even though the driving point and the blood alcohol concentration are measured, there is an interval between time and time.

유사 판례

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