도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
1. Comprehensively considering the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the Defendant not guilty of this part of the charges although the Defendant was found to have driven at least 0.05% of blood alcohol level at the time of each of the crimes in this case. The court below erred by misapprehending the legal principles on the crime of violation of the Road Traffic Act, which affected the conclusion of the judgment.
2. Determination
A. On November 3, 2013, at around 01:30, the Defendant driven a car under the influence of alcohol level of about 10 km from around the land in Busan-dong, Busan-dong to the front day of the inwing-dong, Yongdo-dong, Yongdo-dong, and at least 0.056% of alcohol level.
B. In full view of the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant’s blood alcohol concentration at around 01:30 on the day when driving alcohol was controlled by around 01:30 on the day, and that the blood alcohol concentration at around 02:10, which was measured at around 00 minutes after the point of the control (time of the completion of driving) was 0.056%. However, the blood alcohol concentration at the time of the measurement of alcohol was only one time after the last alcohol level at the time of the measurement. As such, the blood alcohol concentration at the time of the measurement of alcohol level was deemed to have risen, and the blood alcohol concentration at the time of the measurement of alcohol level was merely more than 0.05%, and thus, it cannot be readily concluded that the Defendant was in a state that the blood alcohol concentration at the time of driving exceeded 0.05%.
C. In a situation where it is impossible to determine whether the blood alcohol level at the time of the judgment of the political party is the rise in the blood alcohol level or at the time of the lower lecture, even if the blood alcohol level measured at the time when the driving was completed and at the time when a considerable amount of time exceeds the punishment standard, it cannot be readily concluded that the blood alcohol level at the time of the actual driving exceeded the punishment standard.
Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest value, and thereafter it is time.