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(영문) 수원지방법원 안산지원 2018.09.05 2018고단1275
도로교통법위반(음주운전)
Text

The defendant shall be innocent.

Reasons

On December 29, 2014, the defendant in a public lawsuit room received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the support of the Suwon Friwon method, and on October 27, 2016, the same court received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving).

On January 14, 2018, at around 04:40, the Defendant driven a BM3 vehicle under the influence of alcohol content of approximately 200 meters from the vicinity of the Bupyeong-gu Incheon Bupyeong-gu to the front road of the same road with the number of 45 square meters in the Gu funeral, and under the influence of alcohol content of 0.056% in blood.

The date and time of driving under the facts charged of innocence is 04:40 on January 14, 2018 or 04:40 on the day of driving under the influence of alcohol, and there is no evidence to acknowledge that the Defendant had driven under the influence of alcohol on the day by the Defendant. Even according to the notification of the results of the crackdown on driving under the influence of alcohol, and the inquiry of the results of the crackdown on driving under the influence of alcohol

According to the facts charged, among blood alcohol concentration 0.056%, it is insufficient to recognize that the above temporary light value alone is more than 0.05% of the total alcohol concentration in blood during the day of driving alcohol, according to the statement report of the state of the driver, notification of the result of regulating the driving of alcohol, and inquiry of the result of regulating the driving of alcohol on the same day, the above temporary light value alone is insufficient to recognize that the defendant is more than 0.05%, and there is no other evidence to acknowledge it.

[Around 3:40, the Defendant’s blood alcohol concentration at around 0.05% is limited to the blood alcohol concentration at around 0.06% below 0.05% as the blood alcohol concentration at the time of the above measurement, and it cannot be acknowledged that the Defendant’s blood alcohol concentration at around 0.05% exceeds the 0.05% as the blood alcohol concentration at the time of the last alcohol driving. The Defendant’s blood alcohol concentration at around 0.05% cannot be acknowledged as the blood alcohol concentration at the time of the above measurement. The Defendant’s blood alcohol concentration at around 0.05% cannot be acknowledged as the Defendant’s blood alcohol concentration at the time of the last alcohol driving. The Defendant’s blood alcohol content at around 0.05% was reported as the Defendant’s circumstances at around 4:40.

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