도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal (the factual error or misapprehension of the legal principle) and the background and result of the measurement of drinking by the defendant, the court below acquitted the defendant of this part of the facts charged, even though the defendant sufficiently recognizes the driving under the influence of alcohol by 0.129% in blood alcohol level, and the court below acquitted the defendant of this part of the charges
2. The summary of the facts charged (not guilty of the original trial) around 01:55 on April 19, 2014, the Defendant driven C Kaba vehicle while under the influence of alcohol content of about 300 meters from the day before the 80th executive city to the 02:00 day from the day before the 19th executive city to the 81st executive city in the same city as the 81st executive city.
3. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the Prosecutor alone was insufficient to recognize that the blood alcohol level was 0.129% at the time of the Defendant’s driving, and that there is no other evidence to acknowledge this otherwise.
4. Judgment of the court below
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court acknowledged that the Defendant was under the influence of alcohol level of 0.129% at the time of driving of the instant case.
1. On April 19, 2014, around 02:00, the Defendant: (a) driven a vehicle at the entrance of the 81st Government Western Station underground tea located in the 81st Government-si; (b) responded to the drinking control by police officers E belonging to the Gu Police Station while driving the vehicle; and (c) on April 19, 2014, at around 02:07, the blood alcohol concentration was measured at 0.105% as a result of the respiratory measuring by the respiratory measuring instrument.
Since then, the defendant, who was dissatisfied with the above repulmonary measurement result, collected blood around 02:20 on April 19, 2014 at the time when 13 hours passed again, and as a result, the blood alcohol concentration was measured as 0.129%, and the above blood alcohol concentration was terminated by the defendant.