logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.01.14 2015고정1610
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 25, 2015, while under the influence of alcohol more than 0.05% among the blood transfusions, the Defendant driven B Spo-type vehicles from the roads located in Gwangju Dong-dong to the front roads of about 8km-ro 114, Nam-gu, Nam-gu, Gwangju.

Summary of Evidence

1. The defendant's partial statement (which means that the defendant was in the state of at least 0.05% alcohol level in blood at the time when he drives a vehicle) appears to be a confession. However, even if the defendant denies the position, the defendant appears to have been under the influence of alcohol level of at least 0.104% in blood level at least 0.05% in alcohol level at the time when he drives a vehicle, in light of the fact that the defendant last turns out to 0.05% in blood level measured at the time when 66 minutes elapsed from the time when he drives the vehicle.

It is reasonable to see)

1. Application of Acts and subordinate statutes to a survey report on actual condition, a statement on the circumstances of a driver in charge, and a report on detection of a driver in charge;

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

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

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

1. The summary of the facts charged is as follows: (a) the Defendant driven a vehicle, as stated in the facts charged, at the time and place indicated in the judgment, while under the influence of alcohol level of 0.104% in blood.

2. According to the records, the Defendant was aware of drinking alcohol around August 25, 2015 or from around 22:30 to 23:00 on August 25, 2015; the Defendant commenced driving on the same day and completed driving at around 23:20 on the same day; the Defendant was breathed from the police around 00:06 on the following day; the Defendant was breathed from the police; the alcohol concentration was measured at 0.104%.

In this regard, between 30 minutes to 90 minutes after drinking, alcohol concentration in blood has reached the highest level and approximately 0.08% to 0.03% per hour (average approximately 0.015%).

arrow