(영문) 청주지방법원 2008.06.30 2008고정219

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2008.06.30 2008고정219

도로교통법위반(음주운전)

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 7, 2007, the Defendant driven the said vehicle up to the south-dong At the same time from the Sinju-dong, Sinju-gu, Chungcheongnam-gu, Busan-do, in the state of 0.065% alcohol concentration on blood on November 7, 2007, while driving the said vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article 150 subparagraph 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting an offense;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the Defendant’s and defense counsel’s assertion was that the police officer requested the re-measurement of blood sampling method several times at the time of the drinking control of the instant case, but was unfairly rejected.

Since the aforementioned procedural errors exist in the measurement of drinking water of this case, the result cannot be trusted.

2. If a police officer on board fails to conduct a measurement by the method of blood collection despite a justifiable demand of a driver, he/she may not prove the fact of driving his/her driver on the sole basis of the result of the measurement by the respiratory tester;

However, considering the fact that the blood alcohol concentration listed as a result of drinking is lowered following the passage of time, it shall be limited to the time that police officers are dissatisfied with the result of the pulmonology and require the measurement by blood collection method to the extent that it is considerably close to the time when police officers want to obtain confirmation by presenting the result of the pulmonology to police officers. And it shall be limited to the time that police officers refuse the confirmation without justifiable reasons and send the time to the driver, and the driver raises an objection to the result of the pulmonology after a considerable time from the above point of time, and by means of blood collection.

참조조문

유사 판례

-대법원 2002. 3. 15. 선고 2001도7121 판결

-대전지방법원 천안지원 2012.11.16 2012고정507

-창원지방법원 통영지원 2020.01.16 2019고단1020

-대법원 2013.01.24 2012도6919

-부산지방법원 2018.11.14 2018구단306