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(영문) 제주지방법원 2014.09.17 2014고정594
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 16, 2014, the Defendant, while under the influence of alcohol more than 0.05% of blood alcohol level, was driven by the Defendant at approximately 3 km from the front of the fishery sprink in front of the fishery sprink in the same Eup/Myeon located at the inspon of the Jeju-si in the Jeju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act and Article 148-2 (2) 3 of the Road Traffic Act (Selection of Fines) in the choice of applicable criminal facts;

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

1. The sentence of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”), which is the first offense for sentencing, and the existence of dependants, shall be taken into account. The portion not guilty

1. On June 16, 2014, the Defendant, while under the influence of alcohol of 0.118% from blood alcohol level around 22:10 on June 16, 2014, was driving a C-wing truck at a distance of about 3 km in front of the roads in front of the fishery salary industry company located in the same Eup/Myeonn in the Jeju-Eup in the Jeju-do.

2. According to the evidence and records as seen earlier, the Defendant’s drinking alcohol from around 20:40 on June 16, 2014 to around 21:30 on the same day and controlled by drinking alcohol driving at around 22:10 on the same day, and the measurement of drinking alcohol by 0.118% on the same day.

The blood alcohol concentration of 0.18% is the value at the time of the respiratory measurement (22:27) and is not the number at the time of the drunk driving (22:10), and the blood alcohol concentration is changed due to the lapse of time after drinking, and the blood alcohol concentration has come to the highest level between 30-90 minutes after drinking, but after drinking, the blood alcohol concentration has come to the highest level between 0.08% to 0.03% per hour (average 0.015%) and 0.03% per hour (average 0.015%). After drinking, the blood alcohol concentration increase to one degree per hour until the blood alcohol concentration reaches the highest level after drinking.

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