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(영문) 수원지방법원 2019.04.26 2018노8155
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Determination of facts and misunderstanding of legal principles (as to driving under the influence of alcohol), the blood alcohol concentration level due to the pulmonary measurement for driving under the instant case was inaccurate, and the blood measurement was not conducted due to the lack of guidance on blood collection at the time of the measurement of alcohol.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles. ① The Defendant, from September 5, 2018 to September 23: 03:3:30 to 0:00 on the following day, i.e., so-called 1 week 1: Crecil 2; the Defendant was able to drive a vehicle for attendance at work around September 6, 2018; ② the police officers dispatched upon receipt of 112 reports that the Defendant would drive a vehicle at the E-mail of 13:35 Occ. 35, 2018; “On September 6, 2018, the Defendant was found to have discovered the Defendant driving of a vehicle; the Defendant’s blood alcohol concentration was 0.193% of the Defendant’s blood alcohol level; and the Defendant was found to have not been found to have driven a vehicle at the same time as the Defendant’s pulmon measurement was conducted in an incorrect condition.

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