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(영문) 대구지방법원 2017.05.19 2015고정2866
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2015, around 03:05, the Defendant driven a Crocketing car with approximately 0.05% alcohol content in the 10km section from the front road of the Maart to the water front road of the 41-lane 33 of the Daegu Water-gu Water Zone from the front road of the Defendant, while under the influence of alcohol content of at least 0.05%.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A traffic accident report, on-site map, actual condition survey report, voluntary accompanying report, and on-site photograph;

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and inquiring about the results of regulating drinking;

1. (A) of the driver's license ledger and the application of the law of the next time inquiry;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant, at the time of operating the said rocketing car, dices alcohol by entering his house after driving the last rocketing car.

The facts charged of this case cannot be recognized since the vehicle was not under drinking at the time of driving.

2. Where the distance between the point of time and the point of time of measuring the degree of alcohol in the blood alcohol while driving the relevant legal doctrine and the point of time is visible to increase the degree of alcohol in the blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not is based on evidence, such as the time interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the time and quantity of drinking continued, the driver's behavior aspects at the time of the crackdown and measurement, and the situation of the accident if there is a traffic accident.

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