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(영문) 전주지방법원 남원지원 2017.01.24 2016고정59
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 2, 2016, the Defendant driven, around 14:45, the Defendant, under the influence of alcohol content 0.162% during blood, at approximately 700 meters from the Geumcheon Village Sacheon-si, Geumcheon-gu, Geumcheon-do (hereinafter “Saus”) to the Namcheon-do, Geumcheon-do, Gaba (hereinafter “the instant Oba”), under the influence of alcohol content 0.162%.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Determination as to the assertion by the defendant and his/her defense counsel as to on-site photographs, a report on the situation of the driver at home, and emergency medical services.

1. At around 10:00 on the day of the instant case, the Defendant: (a) after drinking Sacon 1 C, Sacon 1 C, and then put the remaining alcoholic beverages onto the house on a cooling house, put them into the cooling house; and (b) parked the instant Oba in the Defendant’s debate.

At that time, people, who play in the front house at the time, scam scam and drink scam at the bottom of the damaged bridge. However, the defendant's right to drinking and drinking together from the 14:30 minutes to the 14:30 minutes to the 14:0 minutes to the scam, and the defendant could not properly divide the body of the scam to the road from the bottom of the bridge, and thus, the defendant requested the help by phone 119.

After that time, 119 ambulances and police vehicles have been engaged in a drinking test at the request of police officers, and the results of the measurement have been found.

Thus, since the alcohol concentration in the blood above is included in drinking after the defendant was driving, it cannot be accepted, and there is no evidence to prove the alcohol concentration in blood at the time of driving by the defendant, and this case is ultimately acquitted.

2. On the basis of the evidence duly admitted and examined by this court, the following circumstances were found to have been found to have been satisfed on the floor and the satisfyed on the top of the first-aid activities.

E receives a report that the first-aid crew member sent to the site at that time goes beyond the Oralba.

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