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(영문) 청주지방법원 2020.05.13 2019고단2764
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 28, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Cheongju District Court.

On October 13, 2019, around 14:30 on October 13, 2019, the Defendant driven a B car under the influence of alcohol concentration of 0.038% from the Cheongju-si to the uppermost of the Cheongju-si, a large number of 51km, and from the Cheongju-si to the uppermost of the mountain intersection, the Defendant driven a B car under the influence of alcohol concentration of 0.038%.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's blood alcohol level calculated by the Medmark formula is 0.03% below the punishment level, and the police officer given up an opportunity to collect blood, so the facts charged cannot be acknowledged. In addition, when the controlling police officer, etc., raises an objection to the "report on the Statement of Detoxicated Drivers" in relation to the "Report on Detoxicated Drivers," the police officer, etc. stated the purport of the objection in the above report (Article 93(5) of the Enforcement Rule of the Road Traffic Act, and Article 93(5) of the Enforcement Rule of the Road Traffic Act, and Article 93(5) of the same Act do not stipulate that the enforcement procedure of this case may not be deemed illegal or unjust, since the police officer is not obliged to accurately notify the expected administrative disposition on the spot after confirming the person subject to the detoxicing driver's power, and the defendant conducted the Retoxic measurement after taking Medmark as water at the time of this case, and the defendant did not publicly notify the defendant's blood alcohol level at issue immediately after the me measurement.

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