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(영문) 울산지방법원 2015.03.12 2014고정1119
도로교통법위반(음주운전)
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. On May 10, 2014, the Defendant driven approximately 10m in front of the D cafeteria located in Ulsan-gu, Ulsan-gu, as an Eststyna taxi while under the influence of alcohol at least 0.05% of alcohol level.

2. Determination 1) In general, when it is difficult to determine whether the blood alcohol level at the time of driving is the rise of blood alcohol level or lower time, even if the blood alcohol level measured at the time when the driving is completed after a considerable time has passed, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the punishment standard level. Although there are differences for each individual, it is generally known that the blood alcohol level at the time of actual driving has reached the highest level between 30 minutes and 90 minutes after drinking, and that there is about 0.08% to 0.03% (average approximately 0.015%) per hour thereafter, and that there is a possibility that the blood alcohol concentration at the time of driving is lower than that at the time of actual measurement. However, if the blood alcohol concentration at the time of driving and the blood alcohol level at the time of 20 hours beyond that at the time of gross alcohol level, it is reasonable to determine whether the blood alcohol level at the time of actual operation level is beyond 1, 2000 square meters.

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