도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) at the time of the instant case, the Defendant was aware of drinking alcohol by the Defendant; (b) the Defendant’s wife was driving a car C (hereinafter “instant vehicle”) and the Defendant did not drive the instant vehicle.
2. Determination:
A. According to the report on detection of a host driver (Investigation Record 19 pages), the fact that the Defendant’s blood alcohol concentration at the time of the instant case is 0.095% can be acknowledged.
Therefore, if the Defendant driven the instant vehicle, it constitutes a crime of violation of the Road Traffic Act (driving) and this article examines whether the Defendant driven the instant vehicle.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① at the time of the investigation by the police, the Defendant stated that “the Defendant driven the instant vehicle at the time of the investigation (78,79 pages); ② at the time of the police, the Defendant stated that “I am at the time of the investigation at the time of the investigation at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the port at the 738 Jeju Ro-ro 18 Complex convenience facilities, the Defendant and H am at each of the instant vehicles at the time at the time at the time at the time at the time at the time at the time at the time at the police station stated that “I am at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the port at the time at the time at the time at the time at the time at the port at the time at the time at the port at the time at the time at the below below 5th.