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(영문) 수원지방법원 2017.02.02 2016고정1591
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Northern District Court on March 9, 2009, has been sentenced to a fine of one million won due to a violation of road traffic laws (drinking driving), a fine of five million won due to a violation of road traffic laws (drinking driving), at the Seoul Northern District Court on September 17, 2010, and on August 16, 2012 at the Seoul High Court on August 16, 2012, a person who has been sentenced to a fine of six months due to a violation of road traffic laws (drinking driving), etc.

On March 25, 2016, around 23:15, the Defendant indicated the facts charged in excess of 0.05% of alcohol concentration in blood at approximately 30 meters from the vicinity of the “E main store” to the front route of G hospital located in F at approximately 0.05% from the G hospital located in Sungnam-si, Sungnam-si. However, on the following grounds, the Defendant changed the facts charged in excess of 0.05% of alcohol concentration in blood to “0.078%” ex officio to the extent that it does not interfere with the Defendant’s exercise of the Defendant’s right to defense, to the extent that it does not interfere with the Defendant’s exercise of the right to defense.

AH car was driven under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous conviction: Determination on the issue of an inquiry letter, such as criminal history;

1. The Defendant’s blood content of 0.078% of the alcohol content in the Defendant’s blood as indicated in the facts charged regarding the Defendant’s assertion is calculated by applying the aforementioned dmark formula to 0.103% of alcohol content in blood blood measured during the snivers of alcohol content during blood transfusion. As such, the Defendant was in the state of alcohol content of 0.078% in blood while driving.

It shall not be readily concluded.

In addition, the Defendant’s final drinking time is around 23:05 on March 25, 2016, and the Defendant’s driving time is about 23:10 on the same day, and the Defendant’s respiratory measurement time is around 23:37 on the same day. Thus, all of the blood alcohol concentration was high.

Thus, after about 27 minutes from the driving time of the defendant, the amount of alcohol concentration of 0.05% is about 27 minutes prior to driving time of the defendant.

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