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(영문) 인천지방법원 2015.07.01 2015노704
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s blood alcohol content was not less than 0.1% at the time of the instant case by mistake of facts or misapprehension of the legal principle.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court, the following facts can be recognized.

(A) On September 18, 2014, the Defendant: (a) while under the influence of alcohol on September 21, 2014, while driving a soft car, and was unable to properly operate the steering gear, and stopped a vehicle parked on the right side of the direction.

(B) Lastly, around 70 minutes passed from September 18, 2014, the Defendant asserted that he was drinking, and around 50 minutes passed from September 18, 2014, when 200 minutes passed from September 21, 2014, when 22:37, the blood alcohol concentration measured around September 18, 2014, when around 50 minutes passed from September 21, 2014, when the Defendant was driving. The blood alcohol concentration measured around 2:37, was 0.1% higher than that of punishment.

(C) According to the Defendant’s statement, since from September 18, 2014 to September 20, 2014, the Defendant drank with a man and a man and drinks, the Defendant was driving after the lapse of one hour and forty-five minutes from the first time of drinking.

(B) The Defendant had been under the influence of alcohol to the extent that he was unable to properly operate the steering gear and caused an accident. Considering the interval between the Defendant’s drinking time and the hours of drinking alcohol measurement, it is difficult to readily conclude that the Defendant had been under the influence of blood alcohol concentration at the time of driving. Considering the circumstances in which the measured blood alcohol concentration significantly fell into the punishment threshold, the Defendant is deemed to have driven Eba car under the influence of alcohol with a blood alcohol concentration exceeding 0.1%.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. In full view of all the sentencing conditions indicated in the instant records and arguments of unreasonable sentencing, the lower court’s sentence is too unreasonable.

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