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(영문) 광주지방법원 목포지원 2014.02.28 2013고정440
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 14, 2013, at around 00:51, the Defendant driven C observer car in the state of alcohol alcohol content of 0.058% from the 5km section from the front of the French-gun, Young-gun, Young-si to the front day of the uniforms in the Ypo-si, Sinpo-si.

Summary of Evidence

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The appraisal request table [1] The act of collecting blood with the consent of the parties in order to measure the blood alcohol concentration does not constitute medical practice. Thus, even if an emergency medical technician D extracts the blood of the defendant, as alleged by the defendant, no illegality exists in the procedure. ② In addition, the defendant asserts that the time of the last drinking (23:47 on July 13, 2013) through the pleading summary on February 25, 2014 and 2/3 of the blood alcohol concentration measurement (50CC C), the defendant's blood alcohol concentration at the time of driving is presumed to be 0.0312% in consideration of the time of the blood alcohol concentration measurement, so the blood alcohol concentration at the time of driving by the defendant is presumed to be 0.0312% in consideration of the time of blood alcohol concentration measurement. However, according to the time control report, the final time of drinking by the defendant is reasonable as the defendant's final time of drinking as 30% prior to his/her driving on July 13, 2013.

(2) The Defendant’s blood alcohol content is deemed to have been in excess of the inflation machine at the time of driving the Defendant’s blood alcohol content from the point of view of driving the Defendant).

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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