도로교통법위반(음주운전)
The judgment of the court below is reversed.
The defendant shall be innocent.
The summary of the grounds for appeal (the factual error or the misapprehension of the legal principle) cannot be determined to have exceeded 0.05% of the blood alcohol content at the time the Defendant was driving. However, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine.
In addition, the police officer in charge at the time of the instant case failed to take a drinking test immediately after 17 minutes of the alcohol test and submitted it as evidence. This was illegally collected and thus cannot be used as evidence of guilt, and the court below erred by misapprehending the legal principles, or convicted the Defendant on the basis of the above evidence.
Around August 19, 2012, the Defendant driven Cina car under the influence of alcohol with a maximum of 0.069% of alcohol level 0.069% in a section of approximately 500 meters from the distance from the head of the Dong-dong Ho-dong Ho-dong Ho-dong Ho-dong Hodong to the same new engineer distance during Ansan-si.
Judgment
The court below found the defendant guilty in accordance with the evidence of the judgment, but the judgment of this court is different.
According to the evidence duly adopted and examined by the court below (the evidence adopted by the court below is not deemed to have been illegally collected by the police officer), the defendant started driving a motor vehicle with drinking alcohol from August 19, 2012 to August 22:50 (the defendant's statement that the police officer made drinking on the same day from around 22:57 of the same day to around 23:14 of the same day was credibility in light of the circumstances where the police officer made drinking alcohol from around 22:57 of the same day to around 22:50 of the same day) and was controlled against the police officer at around 22:57 of the same day, and at around 23:14 of the same day, drinking alcohol concentration was measured at 0.069%, and blood alcohol concentration was measured at around 23:14 of the same day with an individual body quality, health condition, food, drinking kind, drinking alcohol, degree of physical activity, etc.