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(영문) 창원지방법원 마산지원 2014.09.17 2014고정461
도로교통법위반(음주운전)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

On October 14, 2012, the Defendant, as a C driver, driven the said vehicle under the influence of alcohol content of 0.050% from the Mangman High School located in Changwon-si, Changwon-si to the front day of the Women's High School located in the same cultural Dong from the Mangman High School located in the same Gu.

Maz.

1. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise point or lower point of time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average 0.015%) has decreased by 0.08 to 0.03% (average 0.015%). If the driving is completed during the rise of the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

(2) On June 12, 2014, in light of the following: (a) according to the police interrogation protocol, a police officer’s statement, a police officer’s statement, a police officer’s statement, and a statement on the circumstances of a host driver, the Defendant’s circumstantial statement with respect to the Defendant: (b) pursuant to the following: (c) from October 14, 2015 to 01:40 on October 14, 2012, the Defendant was found to drink alcohol in the Changwon-si Simpoon Park Jong-si’s Masan-si, Changwon-si’s monthly consent from October 14, 2012; and (d) the Defendant was discovered to drink alcohol at around 01:45 on October 14, 2012; and (e) on the same day, the blood alcohol concentration was 0.050% on the same day.

3. Comprehensively taking account of the following circumstances acknowledged by the aforementioned legal doctrine and factual basis, the Defendant’s blood alcohol content at around 01:45, Oct. 14, 2012, at the time of detection, is 0.050%.

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