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(영문) 의정부지방법원 2016.07.14 2016고단761
도로교통법위반(음주운전)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 16, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on the charges of this case, and was sentenced to imprisonment with prison labor for the same crime, etc. on June 14, 2013 at the same court, and completed the execution of the said punishment at the Ansan Prison on February 10, 2014.

On January 15, 2016, the Defendant driven a car with Cme while under the influence of alcohol content of approximately 0.052% from the 8km section of approximately 8km to the road front of the ruralme park located under the same Do, from the fluoral surface lower than the fluoral surface lower than the fluoral surface lower than the fluoral surface lower than the fluoral surface at Yangju-si.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

(1) The Defendant, until January 15, 2016, 03:00, dump the alcohol in a company that is under the on-site dump of the pump of the pump of the pump of the pump of the pump.

around 16:02 on January 15, 2016, the Defendant: (a) operated a car with C C C, from the French Dom (hereinafter referred to as the “Cmar”) to the front road of the rural Gum Park in the same Do.

around January 15, 2016, the Defendant was demanded from police officers to measure drinking at the site of drinking control in front of the above Rural Park.

x) D police officers were faced with drinking water in accordance with the paper World Cup, and the Defendant was faced with straw.

(v) E and D police officers on the same day requested the Defendant to 16:11 on the same day to measure alcohol by a drinking measuring instrument, and the Defendant, even though he was unable to measure alcohol, was indicated as 0.00% of the measurement value within a short time.

Therefore, the above police officer entered the drinking-related measurement ledger as “not measuring errors in devices”.

⑹ 위 경찰관은 같은 날 16:14 위 음주 측정용 불대를 교체하지 않은 채 피고인에게 재측정을 요구하였고, 피고인이 위 불대에 충분한 호흡을 불어넣자 0.052% 로 수치가 표시되었다.

B. Determination of the Road Traffic Act Article 41.

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