도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
The main point of the grounds for appeal is that the interval between the point at which the driving of the defendant and the point at which the alcohol level measurement is conducted is about nine minutes and the drinking measuring instrument is corrected and used to lower 0.005% than the alcohol level in the actual blood, and the blood color of the defendant is red in the report of the driver in charge of the main blood.
In light of the facts indicated, the fact that the defendant was driven while the blood alcohol concentration exceeds 0.05% can be recognized.
Nevertheless, the court below acquitted the charged facts of this case, and the judgment of the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
Judgment
이 사건 공소사실의 요지 피고인은 2015. 7. 4. 01:30 경 혈 중 알코올 농도 0.052% 의 술에 취한 상태로 서울 중랑구 상봉동에 있는 ' 녹수야 쭈꾸미' 부근 도로에서부터 C에 있는 'D 주점' 앞 도로에 이르기까지 약 3m 구간에서 'E' 스포 티지 승용차량을 운전하였다.
The lower court determined as follows, based on the evidence duly adopted and examined by the lower court, that: (a) the Defendant’s final drinking time was between around 01:00 and around 01:10; (b) the Defendant’s completion of driving (control around 01:30 on July 4, 2015) was conducted 20-30 minutes after the Defendant’s final drinking; (c) the Defendant’s respiratory measurement against the Defendant was conducted after 29-39 minutes after the Defendant’s final drinking alcohol. (d) The Defendant’s respiratory measurement against the Defendant was conducted after 29-39 minutes after the Defendant’s final drinking alcohol.
(2) The Defendant’s driving completion and respiratory measurement period were all known to have a maximum alcohol concentration between 30 to 90 minutes after drinking, and later, to have a 0.08% to 0.03% per hour (average 0.015%) reduced by 0.08% (average 0.015%).
Although the difference between the end point of the transport and the end point of the respiratory measurement is not so significant to nine minutes, the alcohol concentration in the blood after drinking reaches the highest level.