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(영문) 수원지방법원 여주지원 2018.04.11 2018고정18
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 20, 2017, while under the influence of alcohol by 00:20% around 00:167%, the Defendant driven a C QM3 car from approximately 100 meters section to the front road of the summer-ro 116, East-ro, 1200 East-ro, East-ro, East-ro, East-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;

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

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine for negligence;

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. The gist of the argument is that the Defendant, immediately after the crime of this case was committed, breath alcohol measurement was conducted at the time when the breath alcohol was controlled by the driving of alcohol. At the time, the control police officer provided only water to himself/herself without any particular explanation, and the Defendant’s measurement was conducted under the influence of alcohol. Thus, it cannot be ruled out that determining the amount of alcohol concentration in the blood during the course of the crime of this case is unfair, and the defense counsel asserts that it is unreasonable to determine the amount of alcohol concentration in the blood during the course of the crime of this case, on the basis that the Defendant’s determination of the amount of alcohol concentration in the blood, which was measured at the time of the crime of this case, is excessively excessive compared to 1-C of the blood, which was measured by the Defendant, while making a confession of the driving of alcohol by himself/herself, and therefore, it is so unreasonable

2. The Act on the Aggravated Punishment, etc. of Specific Crimes provides that Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a normal driving due to the influence of alcohol or drugs, as a reference to the level of drinking or driving ability while prohibiting driving of a motor vehicle under the influence of alcohol.

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