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(영문) 광주지방법원 2017.10.19 2017고단1285
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On March 11, 2017, the Defendant driven a Dominb coo vehicle within approximately one kilometer from the parking lot of the Switzerland apartment in the Seo-gu, Seo-gu, Gwangju to the 3 Dong-dong's 3rd Dong community service center in the same Dong, while under the influence of alcohol content of 0.218 percent during blood transfusion around 05:20.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each legal statement of witness E, F and G;

1. Each traffic accident report;

1. Photographs related to accidents;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

1. Visits to inquiries, the application of a factual reply statute;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his defense counsel acknowledged the driving of alcohol in itself, while recognizing the driving of alcohol in itself, while the amount of alcohol concentration in the blood was measured by 0.095% as a result of the pulmonary measurement of the instant crime, and the amount of alcohol concentration in the blood was measured by 0.218% as a result of the collection of blood. The police officer at the time did not take measures such as conditioning and storing the blood of the defendant taken by the police officer at the time, and there is a possibility that the amount of alcohol concentration in the blood at the time of appraisal has increased over a long time compared to the blood collection, such as blood deterioration, etc., in the process of being transferred to the Gwangju Science Investigation Agency at the time of appraisal. Thus, the above crime alleged that the amount of alcohol concentration in the blood of the aforementioned

According to the statements of G, the defendant's blood was released from the cooling machine exclusively for blood collection on March 13, 2017, and it was transferred to the Gwangju Science Investigation Institute around 11:38 on March 14, 2017, and entered into the cooling machine exclusively for appraised.

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