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(영문) 대전지방법원 2012.12.26 2012고정1882
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 01:00 on July 4, 2012, the Defendant driven a volume of D car with approximately 15 meters from the front of the Daejeon Pungdong CF, to the CU, while under the influence of alcohol with a blood alcohol content of more than 0.05% and less than 0.1%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the Defendant, while under the influence of alcohol at around 01:00 on July 4, 2012, while under the influence of alcohol at least 0.107% of the blood alcohol content, driven a volume of approximately 15 meters off to the Criger-gu parking lot before the Daejeon Priger Criger-gu, Daejeon Criger-gu.

2. Determination

A. In order to find the Defendant guilty of this part of the facts charged, it must be proven to the extent that there is no reasonable doubt that the Defendant was under the influence of alcohol more than 0.1% of the blood alcohol content around July 4, 2012, at the time of driving, around 01:00.

B. According to the evidence duly adopted and examined by this court, the Defendant was found to have drunk 2 from July 3, 2012 to July 3: 23:59, 2012, and 500cc and 10cc and 100cc and 500cc and 10cc and the Defendant driven the above car at July 4, 2012 under the influence of drinking as above. The Defendant driven the above car at around 01:00 on July 4, 2012, and the Defendant was measured at around 01:55 on July 4, 2012 with the 55-minute alcohol level by 0.107% from pulmonary measuring instruments.

C. However, up to the maximum degree of alcohol content that is absorbed and distributed in the body, there is a difference for each person depending on the physical nature of the drinking driver, the kind of drinking alcohol, the speed of drinking, the degree of food disguised at the time of drinking, etc., but to some extent.

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