도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the following facts acknowledged by the evidence submitted by the Prosecutor, the fact that the Defendant was driven under the influence of alcohol 0.134% during blood alcohol at the time of the instant case can be sufficiently recognized.
However, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
① Even according to the Defendant’s statement, the point at which drinking ends is 23 square meters. According to this, the blood alcohol concentration was lowered at the time of driving (00:40), the point at which respiratory measurement was conducted (01:11), and at the time of collecting blood (01:36).
The final date and time of drinking recorded in the notification of the result of the crackdown on drinking driving is not accurate by a statement made under the influence of alcohol immediately after the Defendant's crackdown, and it is unclear whether the point of time is the final point of time of drinking or the point of commencement of driving the vehicle.
(2) In light of the fact that blood appraisal results are higher than ordinary pulmonary measurement results, it is difficult to consider the blood appraisal results as the basis for determining the pulmonary concentration or the lower pulmonary test results compared with the blood appraisal results, and the blood appraisal results is more accurate.
2. Determination as to the prosecutor's assertion of mistake of facts
A. The summary of the facts charged in the instant case was around 00:40 on November 07, 2017, the Defendant driven C food car volume at approximately 300 meters in a state of alcohol level of 0.134% in alcohol level in the blood alcohol level from the front of the 109-8 Bank, Hanwon-gu, Suwon-gu, Suwon-si, Suwon-si, to the second floor parking lot of apartment 22-day, 976, a 109-8 square meters in the landscape of the same Si/Gun/Gu.
B. The lower court acquitted the Defendant of the instant facts charged on the following grounds.
1) According to the records of this case, the point at which the Defendant’s driving end is 00:40 on the day of this case and the point at which the Defendant’s drinking measurement through the respiratory measuring device is 01:11, and the point at which the drinking is measured through blood collection is 01:36, and the blood collection result is 0.052% of alcohol concentration during blood.