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(영문) 전주지방법원 2017.01.12 2016노1369
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was driving at the expiration of four hours after the beer math, so the blood alcohol concentration does not exceed 0.05%, and that the blood alcohol concentration in the blood was measured at 0.084% due to the Defendant’s response to the repulmonary measurement without his/her fluence under the influence of the mouth cleaning substance of alcohol ingredients.

2. The following facts acknowledged by the evidence duly adopted and examined by the court below, namely, the process of detection of the Defendant’s drinking alcohol driving, D, before attending the court of the court below to ask the Defendant whether the Defendant was using the oral clean system, and the Defendant did not use the oral clean system.

As a result of the Defendant’s drafting, the blood alcohol concentration was measured at 0.084% as stated in the facts constituting a crime in the judgment below, and the Defendant recognized the pulmonary result and did not want to collect blood.

At the time of the crackdown, the defendant was snicking.

The facts stated (the trial record 32 to 34 pages) and 2) The Defendant stated the “pre-measurement of measurement” column in the “pre-measurement of measurement” column in the main driver’s statement report, and stated the “pre-measurement of measurement” column in the “pre-measurement of measurement” column. In full view of the facts (the evidence record 9 pages), the Defendant’s charges of this case can be fully recognized.

This part of the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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