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(영문) 광주지방법원 2015.09.24 2015노268
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Comprehensively taking account of the relevant testimony and research of experts in the primary charges on the crime of violating the Road Traffic Act (MM) in light of the following: (a) even if the Defendant’s blood was disinfected into the species of alcohol before collecting the blood, the influence on the blood alcohol concentration was insignificant; and (b) the Defendant’s blood alcohol concentration at the time caused an accident in which the central separation zone was taken, it can be recognized that the Defendant’s blood alcohol concentration was 0.245%. (b) Prior to the ancillary charges on the crime of violating the Road Traffic Act (MM) and the fact that the Defendant led to the confession that the Defendant would drink 4-6 residues, it is consistent with the empirical rule. In light of the aforementioned circumstances, the blood alcohol concentration of the Defendant driving at a level above 0.125% (0.12%, the maximum value of blood alcohol concentration at the time of disinfection of alcohol content).

3) Therefore, the judgment of the court below which acquitted the defendant on the charge of drunk driving, which is the primary or conjunctive charges, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. (b) The judgment of the court below on the charge of unfair sentencing (the fine of KRW 2,00,000) is too unfeasible and unfair.

A. The summary of the facts charged in the instant case 1) On September 29, 2013, from around 06:20 to around 06:40 of the same day, the Defendant driven a JWz car in the state of alcohol alcohol concentration of about 0.245% on the front side of the 1km middle school located in the Mashnsan-dong in Gwangju Mine-gu, via the front day of the 1km middle school located in the same Dong and the front day of the Marine Corps. The Defendant driven the said vehicle under the influence of alcohol concentration of about 0.125% at the same time and place as above.

B. As to the primary facts charged, ① the blood of the Defendant subject to the instant appraisal is around 07:00 on September 29, 2013 by the nurse M.

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