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(영문) 춘천지방법원 2013.05.07 2012고정461
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On August 21, 2012, around 21:45, the Defendant stated in the indictment that the blood alcohol concentration of approximately 0.066% at the 1km section from the D cafeteria parking lot located in Chuncheon City to the E convenience store located in C is 0.066% (the result of the drinking alcohol measurement and the FDmark application calculation). However, as seen below, it is reasonable to view the 0.118% of the blood alcohol concentration at the time of the operation of the instant case as the blood alcohol concentration by the breath as the Defendant does not drink any additional alcohol at the convenience store after the driving of the instant case. Since the Defendant recognized the blood alcohol concentration at a lower level than this, it is corrected as above.

Even if there is no disadvantage to the defendant's right of defense, it is recognized as the above facts of crime ex officio.

In the state of the state of the state of the State, the FF car was driven.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. The police statement concerning G;

1. G statements;

1. Investigation report (the report on the status of the driving of a motor vehicle and the Badmark);

1. On-going reports on drivers, and on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to photographs of drunk driving, photographs of the body of the suspect, photographs of the body of the suspect, photographs of the body of the alcoholic beverage claimed by the suspect that they have drank, and photographs of the time when photographing the b

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defense counsel held that the defendant did not drink at the time of driving a motor vehicle to the front of the E convenience store located in the D cafeteria parking lot located in Chuncheon City around May 18, 2012. Even if the defendant had low alcohol on the day immediately before the physical speed of the defendant, the value does not exceed 0.05% and the defendant is driving.

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