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(영문) 대전지방법원 천안지원 2015.09.17 2015고정379
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

1. At around 03:40 on May 24, 2015, the Defendant driven a G-low vehicle quantity in the state of alcohol alcohol 0.051% of alcohol alcohol concentration at a distance of about 3 km from the front of the D-cafeteria located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to the front of the “F-gu, Seo-gu.”

2. According to the Defendant’s partial statement in court, the Defendant’s statement in the police interrogation protocol against the Defendant, the statement in the police officer’s interrogation protocol, the results of drinking driving regulation, the report on drinking drivers, the report on detection of drinking drivers, the report on the circumstance of drinking drivers, and the photograph at the time of regulation, the video of the photograph as to May 24, 2015: (a) the Defendant, on May 24, 2015, she drinks about about 4 remaining alcoholic beverages in the “D restaurant” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul; (b) the Defendant, on the road before the above D cafeteria, driven about 3 km car volume and 3 km on the same day on the same day; (c) the police officer sent around 03:40 on the same day; (d) the Defendant’s speech and walking condition at the time, but did not meet the blood level of 3:50% alcohol level on the same day; and (d) the Defendant’s blood density level on the same date of 105.

However, in a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is an increase in the blood alcohol concentration or at the time of summer, even if the blood alcohol concentration measured at the time when a significant time has elapsed from the time when the driving was completed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penalty standard.

Although there are differences for each individual, the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest value, and thereafter about 0.08% to 0.03% per hour (average 0.015%).

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