특정범죄가중처벌등에관한법률위반(도주차량)등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal;
A. According to the evidence submitted by the prosecutor concerning the violation of the Road Traffic Act, since the defendant's blood alcohol concentration at the time of driving exceeds the punishment standard, this part of the facts charged should be found guilty.
Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the ground that in the event of an accident due to the increase in alcohol level during blood alcohol level, the numerical calculation based on the calendar formula cannot be permitted in the event of the accident, and there is an error of law affecting the conclusion of the judgment by misunderstanding the fact
B. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) in consideration of the following: (a) the victim was only 15 years of age, and was highly shocked at the time of the instant accident; and (b) the Defendant failed to properly implement relief measures and identification measures against the victim, it can be sufficiently recognized that the Defendant has the intention to flee
Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Judgment on the violation of the Road Traffic Act
가. 이 부분 공소사실의 요지 피고인은 2013. 3. 31. 21:45경 안산시 상록구 건건동 534-1 ‘숯불꼼장어’ 식당 앞 노상에서부터 같은 동 897-39 앞 노상까지 약 1km가량을 혈중 알코올농도 0.055%의 술에 취한 상태로 D SM5 승용 차량을 운전하였다.
B. The lower court’s judgment based on the evidence duly adopted and examined that the Defendant measured the alcohol level of the Defendant’s blood around 23:45 on March 31, 2013, which was the date of the instant accident, and 0.049% of the result of the measurement of the Defendant’s blood alcohol level. The prosecutor’s office, which was the most favorable premise for the Defendant, changed the blood alcohol level to the highest value after 90 minutes of the alcohol level, and reduced by 0.08% per hour after reaching the highest value.