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(영문) 수원지방법원 2016.01.14 2015고정1288
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 6, 2015, the Defendant driven a D-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on the circumstances of driving under the liquor:

1. In the process of collecting blood, the Defendant asserted that his/her blood alcohol content shall be admissible as evidence of unlawful collection since he/she violated due process by disinfecting it into the species containing no alcohol, not the species of the plant, in the process of measuring the blood content. However, E, a nurse who was in charge of collecting the Defendant at the time, collected blood from the Defendant using a blood set for the measurement of drinking brought by police officers, and conducted the pre- disinfection of the parts of the blood collection agreement using the non- alcohol species in order to clarify that he/she used it; E, signing his/her signature in the "person related to blood collection" column of the blood collection agreement, stating "(free alcohol species)" on the side of the blood collection agreement, may each be recognized, and the process of collecting blood to the Defendant shall be duly used for the species without alcohol and duly collected during the process of collecting blood, and shall be admissible as evidence of blood alcohol during the process of collecting blood samples collected as evidence.

Application of Statutes

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and the selection of fines concerning 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 concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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