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(영문) 수원지방법원 성남지원 2017.11.29 2017고단2431
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 5, 2017, at around 07:00, the Defendant driven a DNA car under the influence of alcohol concentration of 0.053% in a section of about 5 km to the front of the Hancheon-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yan-Yannan-

Summary of Evidence

1. Partial statement of the defendant;

1. Investigative into the offender's place or the result of regulating drinking driving, and reporting on an investigation (blood collection result);

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. The consent letter of blood collection and alcohol appraisal statement [the defendant completed drinking between 22:00 to 23:00 as of the preceding day, and the first enforcement point of the defendant was 07:00, the time when the defendant was at 07:11, and the time when the defendant was at 07:42, when collecting the defendant's blood.

Therefore, it is clear that the Defendant had a alcohol concentration in blood at the lower time.

In that sense, Article 148-2 (2) 3 of the Road Traffic Act is subject to punishment where the blood alcohol concentration exceeds 0.05%. In general, considering the fact that the blood alcohol concentration in blood is 0.08 to 0.03% per hour (average 0.015%), it is difficult to deem that the Defendant’s blood concentration in blood before 42 minutes does not exceed 0.01% from the point of time of blood collection.

In addition, in light of the defendant's use of a drinking measuring instrument at around 07:11, the measurement time was 0.057%; the defendant's face was stated in each of the above reports; the defendant's face at the time of detection was red and fluor Kim, etc., the defendant's blood collection at the time of detection was 0.053% by applying 0.008% of alcohol concentration in the blood most favorable to the defendant, which is the result of the defendant's blood collection at the time of 42 minutes before the defendant's blood collection to 0.053% of alcohol concentration in the blood most favorable to the defendant.

【Absent.】

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 3 and 44 of the same Act concerning the crime;

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