(영문) 광주지방법원 2017.11.09 2017고정844

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.11.09 2017고정844

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On April 30, 2017, the Defendant driven the said car at the section of approximately 1.5 km to the front of the mountain village in the mountain village in the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Reporting on the detection of suspected victims of violating traffic laws on roads;

1. A report on the main driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on drinking driving, and output of the measurement record of drinking;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the measurement of alcohol of this case, the Defendant had conducted a pulmonary measurement on a total of seven occasions at the police officer’s request for the continued measurement of alcohol of this case. The Defendant continued to perform the pulmonary measurement while a police officer did not replace a fire and was measured at 0.087% of alcohol until the 6th measurement. The Defendant’s summary of his assertion was 0.087% of alcohol in the 7th measurement while the pulmonary measurement remains during the 6th measurement. It cannot be ruled out that there was a high alcohol concentration in the pulmonary measurement during the 7th measurement while the 6th measurement remains, and this cannot be viewed as a measurement in accordance with the fair breath measurement procedure, and thus, it cannot be viewed as legitimate evidence of guilt.

Ultimately, since it cannot be recognized that the alcohol concentration 0.087% is 0.087% of blood measured under such a condition, the Defendant was driving under the condition of not less than 0.05% of alcohol concentration in the blood that is the standard for punishment.

It shall not be readily concluded.

2. Determination

A. Relevant legal principles.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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-울산지방법원 2016.04.21 2016고정28

-인천지방법원 2017.10.18 2017노1600

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