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Reasons
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(영문) 의정부지방법원 고양지원 2013.06.13 2013고정135
도로교통법위반(음주운전)
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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 August 18, 2012, the Defendant was under the influence of alcohol of 0.208% of blood alcohol concentration at a 03:45%, and the Defendant was driving the C Leba car in the section of about five kilometers from the front of the restaurant in which it is impossible to identify the trade name located in the Sinju-si, Pari-si, Pari-si, Youngyang-si to the front of the 1562 Gansan-dong, Busan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Investigation report (the circumstantial report of an immigration driver);

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes to written appraisal of blood alcohol concentration;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the breathy order asserts that the blood alcohol concentration by the breath measuring instrument (0.208%) through blood examination is difficult to believe.

According to the evidence duly adopted and examined by the court, the following facts are revealed: (i) the Defendant driven a car on the road in front of the 1562 Kandong-dong Jungdong-dong-dong Jungdong-dong-dong-dong-gu on August 18, 2012, and was discovered to a police officer under the influence of signal while driving the car on the road in front of the 1562 Kandong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu; (ii) the police officer at the time stated the Defendant's speech and behavior state as follows: (iii) the Defendant's blood alcohol concentration of the Defendant measured within the D area around 04:03 on the same day with the Defendant's consent of the nurse at around 25:04 on the same day.

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