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(영문) 대전지방법원 천안지원 2017.11.23 2017고단615
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant driven a B-learning car at a 10-meter section 20m section 10 meters from the front of a Dollet Dolld Dold Dold Dold Dold Dold Dold Dold, located in Asan City, to the Dold Dold Dold Dold Dold Dold Dold Dold Do

Summary of Evidence

1. Protocol concerning the examination of suspect;

1. Inquiries about the results of crackdown on driving drinking, notification of the results of crackdown on driving drinking, and statement of the situation of the driver of drinking;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1)(a) of the Road Traffic Act concerning facts constituting an offense [the choice of imprisonment] / [the amount of alcohol content 0.245% in blood during the Defendant’s driving as stated in the facts charged are 0.2% or more in numbers falling under Article 148-2(2)1 of the Road Traffic Act.

Nevertheless, the prosecutor stated in the column of the application law that "Article 148-2 (2) 2 of the Road Traffic Act" is "Article 148-2 (2) of the Road Traffic Act," and it is a simple interpretation that is disadvantageous to the defendant.

Rather, the prosecutor finds that at the time of alcohol measurement that the alcohol concentration was increased in blood, it is possible for the prosecutor to apply the section which intentionally lower alcohol concentration than 0.245% in blood in blood as a result of the measurement.

Accordingly, Article 148-2 (2) 2 of the Road Traffic Act shall apply as stated by the prosecutor.

The grounds for sentencing include the defendant's drinking circumstance, driving circumstance, alcohol concentration while blood, and three times the defendant's driving experience of drinking.

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