(영문) 서울중앙지방법원 2016.09.27 2016고정2138

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.09.27 2016고정2138

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 8, 2016, while the Defendant was under the influence of alcohol content of 0.075% during blood transfusions, the Defendant driven B-Wenz car within approximately 150 meters from the land below the Gangnam-gu Seoul Samsungdong to the road before the same 19-4 location.

Summary of Evidence

1. Partial statement in the protocol concerning the examination of the suspect of the defendant;

1. Statement of the circumstances of the driver involved in driving;

1. A paper of measurement of drinking alcohol;

1. An explanatory note;

1. Application of Acts and subordinate statutes concerning the measurement of alcohol;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that, after the completion of drinking, the alcohol level was excessive due to remaining alcohol in the mouth, since the Defendant measured the pulmonary measuring instrument under the condition that 10 minutes have passed since the end of drinking and was unable to provide guidance on the part of the water.

However, according to the evidence of the court below, the defendant was arrested at around 02:50 on the date of control and measured drinking at around 03:05 on the same day after 15 minutes from the arrest, and was at the same time 03:05 on the same day, and was working for the preparation of a drinking water before the drinking test, and 112 reports were received on the date of control that drinking is suspected of being driven by the defendant's vehicle, and the police officer confirmed the final point of drinking by the defendant "at around 02:0 on the same day" and measured drinking.

In general, remaining alcohol in the old mouth is known to have not run approximately 20 minutes after the final drinking time. In order to prevent excessive measurement, when using a respiratory measuring device, the defendant is working in a place to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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