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(영문) 의정부지방법원 2013.07.11 2013고정573
도로교통법위반(음주운전)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 20, 2007, the defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act at the Busan District Court's branch branch, and on December 27, 2007, to a suspended sentence of two years for a violation of the Road Traffic Act at the Busan District Court's Busan District Court.

As above, the Defendant driven a G Ecoo vehicle with a blood alcohol content of at least 0.056% from the Dart parking lot located in Gyeonggi-si, Namyang-si, Gyeonggi-do, to the front road of the EDadong 301 (F building) at approximately 300 meters from September 7, 2012, the Defendant driven a G Ecoo vehicle with a alcohol level of at least 0.056% under the influence of alcohol.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

2. Determination

A. The following facts are acknowledged according to the Defendant’s legal statement, the witness H’s legal statement, and the investigation report (related to DNA CCTV extract and personnel reading investigation).

(1) On September 6, 2012, from around 19:33 to 22:15 of the same day, the Defendant ordered an I restaurant located in Namyang-si, with H, to be located in the Defendant’s vehicle located adjacent to an I restaurant and located in the 2nd C with H, one of which is located in the 1st of the 1st of the 1st of the 1st of the 2nd of the 2nd of the 2nd of the 201st of the 2nd of the 201st of the 2nd of September 7, 2012.

(2) After the Defendant landed H at his house, the Defendant re-exploited the level of one illness at his house, but was found at around 01:00 on September 7, 2012 and was present at the police station at the Namyang Police Station along with the police station at the police station.

(3) The Defendant was investigated by a police box of the Southern-do Police Station on the injury resulting from rape and did not take a breath test of alcohol.

B. (1) Determination is made on the part concerning the highest blood alcohol concentration due to the absorption and distribution of alcohol and the decomposition and extinguishment following the lapse of time.

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