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(영문) 광주지방법원 2013.09.11 2013노1286
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there exists a significant difference between the result of a breathem measurement based on a breath measurement (0.142%) and the result of a breath measurement based on blood sampling (0.268%) and that blood sampling was conducted after a considerable period of time from the time when the vehicle was driven, the lower court convicted the Defendant of the facts constituting the crime that the Defendant driven in the state of breath alcohol concentration of 0.268% on the basis of the fact that the blood sampling was not believed.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On April 10, 2013, the Defendant, while under influence of alcohol at 01:15% of alcohol content, driven a 200-meter-free freight vehicle owned by the Defendant for the Category B (200 meters) at the front road of a father station located in Gwangju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 343-20.

B. According to the evidence duly admitted and examined by the court below, the defendant's last time of drinking at the time of the instant case is about 00:45 on April 10, 2013; the defendant driven a vehicle for returning to the Republic of Korea immediately after the completion of the said drinking; the fact that the blood alcohol concentration of the defendant was measured at 0.142% on the date when three minutes elapsed from the control point was measured by the respiratory measuring instrument around 01:18 at around 01:50 on the date when 32 minutes elapsed since the Defendant demanded blood sampling; the fact that the defendant collected the blood of the defendant around 01:50 on the date when 32 minutes elapsed since the blood sampling of the above defendant was measured by the respiratory measuring instrument at around 01:15 on March 9, 2012; and the blood alcohol concentration of the blood investigation by the National Institute of Blood Investigation on the above defendant was measured at 0.268% on the blood alcohol concentration of the above defendant.

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