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(영문) 수원지방법원 안산지원 2017.12.14 2017고정1049
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

On July 11, 2017, around 02:40, the Defendant driven a DM3 car under the influence of alcohol concentration of at least 0.05% in blood, while under the influence of alcohol concentration of at least 0.05% in front of the SM3 car, from the street on the street in front of the Stop-distance Mo-dong, Ansan-si, Dongsan-si, Dongsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Determination as to the assertion by the accused and the defense counsel of each investigation report, including the report on the situation of driving alcohol and the record of drinking alcohol measurement and the notification of the result of crackdown

1. The defendant and his defense counsel asserted that it was not specified in the facts charged that it was 0.05% or more of alcohol content in the blood. However, the law that included the facts charged is aimed at limiting the subject matter of the trial to the court and facilitating the exercise of the defense right by specifying the scope of the defense of the defendant. Thus, the facts charged are sufficient to state the facts constituting the elements of the crime to the extent that it can be distinguished from other facts (see Supreme Court Decision 2002Do807 delivered on June 20, 2002, Supreme Court Decision 2002Do807 delivered on June 20, 200, etc.). In addition to the provisions of the applicable law, it means that the blood alcohol concentration of the defendant at least 0.05% among blood alcohol content in the above facts charged means that the defendant's blood alcohol concentration is at least 0.05%, and considering the provisions of

As can not be seen, the facts charged of this case were not specified.

subsection (b) of this section.

2. In addition, the defendant and his defense counsel asserts that the blood alcohol concentration at the time of the defendant's driving is not less than 0.05%.

According to the evidence duly adopted and examined by this Court, the Defendant: (a) 22:00 on July 10, 2017 to 23:30 on July 10, 2017: (b) Mascam in a restaurant located in the Sinpodong located in Sinpodong in Sinpodong; (c) Mascam in a restaurant located in Sinpodong on July 11, 2017, and 01:30 on July 11, 2017, and (d) 2:40 on July 11, 2017.

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