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(영문) 전주지방법원 군산지원 2015.07.08 2014고정523
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles C.

Around 08:00 on July 11, 2014, the Defendant driven the above vehicle within two kilometers from the On-Road Parking Lots in the Sejong apartment located in the Yansan movable property in the same city to the front day of the 9-gil22 Boli-ri in the city at the same city, while under the influence of alcohol content of 0.10%.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on detection of a main driver (six pages of evidence) (Article 44(2) of the Road Traffic Act) provides for pulmonary examination, which is a method of measuring objectively converting the degree of exploitation from the taking method conducted to ascertain whether a driver under the influence of alcohol. If a driver objects to the result of a pulmonary measuring instrument and requests a measurement by the method of blood extraction, a police officer shall comply with the request. If a police officer fails to conduct a measurement by the method of blood extraction despite the legitimate demand of a main driver, the police officer’s pulmonary measuring instrument alone cannot prove the pulmonary driving of the driver (see, e.g., Supreme Court Decision 2001Do7121, Mar. 15, 2002). According to the records, according to the records, the Defendant was found to have been aware of the alcohol control of police officers around 06:0 on July 11, 2014, accompanied the plant with the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant.

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