교통사고처리특례법위반(치상)등
Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.
The acquittal portion
1. On November 13, 2017, the Defendant: (a) 00:05 around 00:05, the Defendant driven a Crash car at a distance of about 100 meters from 100 meters from the front day of the apartment to the front day of the same apartment 112-dong underground parking lot in Daegu Jung-gu, Jung-gu, Seoul, with alcohol content of 0.052%.
2. Determination
A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.
Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.
It shall not be readily concluded.
Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.08% and 0.03% per hour (average 0.015%) are reduced by 0.08% per hour. If the driving is completed due to the increase in the blood alcohol concentration, the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration during actual measurement.
However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.
Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.
shall not be deemed to exist.
In such a case, the punishment level was higher than the standard level at the time of driving.
Whether it can be seen or not shall be determined based on evidence, such as the time interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the duration and quantity of drinking continued, the driver's behavior aspects at the time of the crackdown and measurement, and the situation of the accident if there is a traffic accident.