(영문) 대구지방법원 2018.05.15 2018고정243

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.05.15 2018고정243

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person driving a B car free car.

On January 8, 2018, the Defendant driven the above vehicle at a distance of about 500 meters from the front of the mutual influent cafeteria in Daegu-gu, Daegu-gu, to the front of the road of the 130 guardian lale-ro 130 guardian certified broker, in the condition of 0.105% (blood measurement numerical) of alcohol content among blood transfusion around 21:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver driving and the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) 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 summary of the facts charged in this part of the acquittal portion of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant driven under the influence of alcohol at 0.181% of alcohol concentration in blood at the date and place stated in the facts charged.

However, in a situation where it is impossible to determine whether the time of drinking driving or when it comes down to the summer time, there is a difference for each individual, but the alcohol concentration between 30 to 90 minutes after drinking is up to the highest level, immediately after driving, the alcohol concentration among the blood was 0.105% when the Defendant measured the alcohol with the initial drinking measuring instrument to measure the alcohol as a drinking, and the blood concentration among the blood alcohol concentration was 0.181% after the ten minutes passed thereafter when the Defendant conducted the blood alcohol measurement as a result of blood collection, it is insufficient to recognize that the evidence submitted by the prosecutor alone exceeds 0.105% from the blood concentration measured with the initial drinking measuring instrument at the time of driving.

Therefore, as long as it is found that the charge of this part of the facts charged should be acquitted or that it is guilty of a violation of the Road Traffic Act (drinking driving) in the judgment related to such a crime, the decision of the court shall not separately pronounce

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-제주지방법원 2016.06.30 2015고정1062

-전주지방법원 군산지원 2017.10.25 2017고단781

-청주지방법원 2018.10.25 2018고정23

-광주지방법원 2018.12.20 2018노3051

-서울남부지방법원 2017.06.29 2016노1950