도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (violation of Acts and subordinate statutes) is that the Defendant’s completion of driving and the measurement of drinking are entirely linked to time and situation, so even if it can be recognized that the blood alcohol level was based on the blood alcohol level as a result of the alcohol alcohol measurement even at the time of driving, the lower court acquitted the Defendant of the instant facts charged on the ground that the distance between the time of driving and the time of measuring alcohol level has risen in blood alcohol level.
2. Determination
A. The court below, on the grounds indicated in its reasoning, proved that the evidence presented by the prosecutor was 0.03% or more of alcohol level during blood transfusion at the time of the Defendant’s driving, and that there was no reasonable doubt.
Considering that it is insufficient to view the facts charged in this case, the facts charged in this case were acquitted on the ground that there is no proof of crime.
B. Examining the circumstances in detail by the court below in light of the evidence duly adopted and investigated by the court below, the court below's finding the Defendant not guilty of the facts charged of this case is just and acceptable, and there is a violation of the law as alleged by the prosecutor.
subsection (b) of this section.
The prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.