도로교통법위반(음주운전)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 21, 2016, the Defendant: (a) while drunk at around 21:32, the blood alcohol concentration of 0.052%; (b) driven a F knife vehicle at the section of approximately 2km from the street to the street of the E industry company located in D, where the address below Gangwon-gun Hongcheon-gun is unknown; and (c) the Defendant driven a F knife vehicle from the street to the street of the E industry company located in D.
2. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise point or lower point of time, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the penalty standard.
Although there are differences for individuals, 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% (average 0.015%). If the driving is under rise, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.
(See Supreme Court Decision 2013Do6285 Decided October 24, 2013, etc.). According to the health team, the Defendant’s statement to the investigative agency, the inquiry into the control of drinking driving, and the circumstantial statement of a drinking driver, the Defendant stated that, around July 21, 2016, the Defendant 1 stated that, at around July 26, 2016, 200, the Defendant was her drinking alcohol 1 residues in the Defendant’s circumstantial statement of a drinking alcohol 2 to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to
B, the Defendant, while driving the instant vehicle after drinking, was exposed to the police who was working for drinking control at around 21:32 on the same day while driving the instant vehicle in front of the E industry company in D, and the slope G was exposed to the Defendant’s drinking condition by using a drinking measuring instrument at around 21:37 on the same day.