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(영문) 수원지방법원 2020.02.12 2019고정1547
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On July 17, 2019, at around 00:21, the Defendant driven a light-burged vehicle under the influence of alcohol by 0.148% at the section of about 18km from the front of the wife population B to the point of 399 km Seoul direction on the Gan-si Lan Highway, which is located in the Gansi-si Lan-si death-dong.

(2) The Defendant asserted that the Defendant was unable to trust the result of alcohol concentration measurement by the respiratory measuring instrument because the Defendant was found to have been in a pulmonary test without having been in a breathic state. However, according to the following evidence, the Defendant stated that the police officer D, who discovered the Defendant’s breathic driving and performed a breathic test, stated the Defendant’s breathm in the “cheroride” column of the breath’s circumstantial statement report on the driver’s breathic driving, stated that the Defendant read the above breathic statement report on the driver’s breathic driver’s breathic, and signed on the part of the driver’s opinion; and that D’s breathic driving control report issued through the PDA device after the breathic test against the Defendant; and it can be recognized that the Defendant was subject to a breathic breathic level after confirming the fact. Accordingly, the Defendant’s assertion is

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, application of Acts and subordinate statutes to the regulations on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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