(영문) 대전지방법원 천안지원 2012.11.16 2012고정507

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2012.11.16 2012고정507

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 31, 2012, the Defendant was a person driving D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Determination as to the defendant's assertion of the investigation report (general)

1. The gist of the assertion was that the Defendant’s blood alcohol concentration exceeded the Defendant’s blood alcohol concentration, even though the Defendant demanded the measurement by blood sampling after the pulmonary measuring instrument, and the control police officer did not take the measurement by blood sampling. As such, it cannot be deemed that the result of the pulmonary measuring instrument alone proves that the Defendant’s blood alcohol concentration exceeded the controlling level.

2. The judgment of the driver is limited to a time close to the time when the police officer seeks confirmation by presenting the result of the respiratory test to the driver (in light of the contents of the traffic control guidelines of the National Police Agency, from the time when the police officer seeks confirmation of the result of the respiratory test to the point that 30 minutes elapse from the time when he/she seeks confirmation can be used as a standard within a considerable time to the point that 30 minutes elapse from the time when he/she seeks confirmation). When the driver refuses the confirmation without any justifiable reason, he/she sent time to the police officer who raised an objection to the result of the respiratory test after a considerable period of time from the above point of time, and requests a measurement by the blood gathering method, it cannot be deemed a justifiable demand. In this case, even if the police officer did not perform the measurement by the blood sampling method, it can prove the fact of drinking driving only by the result of the respiratory tester measurement.

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