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(영문) 의정부지방법원 2013.11.20 2013노802
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, at the time of measuring the drinking alcohol in this case, was found guilty of the facts charged in this case on the ground of such measurement, and there was no notification as to whether he was using the oral administration at the time. Therefore, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined in the judgment of the court below, i.e., ① the defendant's written inquiry of the result of the crackdown on drunk driving prepared with the defendant's written signature after the control of this case stated that the defendant was not in use of the mouth. ② The police officer who controlled the defendant at the time of this case asked the defendant about whether the defendant was in drink at the time of drinking, making a final drinking time and the use of the oral oral administration, and making a statement at the investigative agency to the effect that he was in charge of the alcohol measurement after taking a physical examination into account the direction; ③ The defendant used the oral parliamentary system.

In light of the above, the Defendant: (a) confirmed the blood alcohol concentration measured at the time of the instant case, but did not immediately raise an objection to the police officer, or requested additional measures, such as blood collection; and (b) did not prove that the Defendant used the oral administration prior to the blood alcohol measurement; and (c) had no evidence to acknowledge that the Defendant used the oral administration prior to the blood alcohol measurement; and (d) used the oral administration system for household affairs, taking into account the following: (a) the Defendant’s use of the oral administration prior to the blood alcohol measurement; and (b) the risk of measuring the remaining amount of alcohol or alcohol content in the draft; and

Even if the measurement of drinking water was conducted in accordance with the fair method and procedure to ensure the accuracy and objectivity of the measurement results, such as setting up water before the measurement.

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