도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The judgment of the court below that found the defendant guilty of the facts charged of driving under the influence of alcohol in this case by adopting it as evidence, even though it was illegal and invalid since it was conducted against the guidelines for the control of drinking under the influence of alcohol, since 20 minutes have passed after drinking, it was found that the court below erred by misapprehending the legal principles or misunderstanding the facts.
2. Determination
A. In a case where the blood alcohol concentration is measured by a respiratory measuring device with a considerable time (20 minutes) from the final time of alcohol (20 minutes), the draft can be measured with the respiratory air discharged from the waste. As such, the draft of the person under whose blood alcohol content is remaining in the draft, the draft of alcohol content, etc. can be measured with the respiratory air discharged from the waste. Thus, the draft of the person under whose blood alcohol content is in the form of water, must be measured with the blood alcohol concentration after measuring it
Therefore, in the case of measuring the alcohol concentration by the pulmonary measuring instrument, it is necessary to check the last drinking time for accurate measurement and measure it after the lapse of 20 minutes, or to measure it with water as a part of the pulmonary measuring instrument, and to measure it with the part of the clib
(See Supreme Court Decision 2009Do1856 Decided June 24, 2010, etc.). B.
However, according to the evidence duly adopted and examined by the court below, the defendant met the following questions: ① on May 26, 2012, 200: 00:13, the defendant was under the influence of alcohol driving, and was asked at the time when the last drinking time was observed by the control police officer, and was asked by the control police officer about whether he was under the influence of alcohol, and was under the influence of alcohol at around 23:50.
“In response, the police officer set the last day and time of drinking on May 25, 2012 at around 23:50 on the notice of the result of the drinking driving control; ② the Defendant was found to have been 0.052% of the blood alcohol content measured by the pulmonary measurement method around 00:16 on May 26, 2012 after the drafting was drafted 2:3 times from water to 2:3 times, and the Defendant was found to have been 0.052%.