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(영문) 부산지방법원 2015.09.10 2015고정1130
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 20, 2014, at around 02:52, the Defendant driven a car at approximately 100 meters away from the front side of the Italian pins located in the white circulation of Busan City, Busan, to the Han River, which is located in 12-5-ro 119, in the same white cycle, while under the influence of alcohol of 0.09% of blood alcohol level.

Summary of Evidence

1. Statements of witnesses D and E in the protocol of examination of witnesses outside the court date;

1. A report on investigation (9 pages for investigation records), a report on investigation (17 pages for investigation records);

1. Application of Acts and subordinate statutes to the report on the situation of running a driving, the report on the status of running a driving, the report on the status of a driver, the report on the replacement of a driver, and the

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The Defendant and his defense counsel’s assertion regarding the Defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act that bear the costs of lawsuit is against the purport that since the time of the crime indicated in the facts charged is around 02:52, and the time of measurement of the anti-sea alcohol level is around 03:43, it cannot be readily concluded that the blood alcohol level was above 0.5% at the time of driving of

Even if the blood alcohol concentration between the time of drinking driving and the time of measuring the blood alcohol concentration and the time seems to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

In such a case, the issue of whether the level of punishment was above the level of punishment even at the time of driving, the difference between the time between the driving and the measurement, the difference between the measured level of blood alcohol concentration and the punishment standard value, the continuous time and drinking, the driver's behavior level at the time of the measurement, and the situation of the accident if there was a traffic accident, etc.

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