도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal is as follows: (a) according to the circumstantial statement of the driver at home and the investigation report of the driver at home; (b) the defendant first stated that he she has her her her her her her her her her her her her her her her her her her her her her her her herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth herth her
In light of the fact that the defendant's blood alcohol concentration at the time of the accident is calculated by 0.0935%, etc., if the defendant's blood alcohol concentration at the time of the accident is fully recognized as driving more than 0.05%, the judgment of the court below that judged the defendant's error in the quantity of the drinking after the accident and acquitted the defendant, which affected the conclusion of the judgment by mistake of facts or misunderstanding of legal principles.
2. The summary of the facts charged is that the Defendant, who was issued a summary order twice as a crime of violating the Road Traffic Act (drinking driving), driven a Crain-line truck at the section of about 1563 to about 8km from the front Jinan-gun, Jinan-gun, Jinan-gun, the alcohol level of which is 0.065% at around 18:42 on March 5, 2016.
3. Determination
A. Based on the evidence adopted and examined by the lower court, the lower court determined as follows: (i) the Defendant is a vehicle on the farmland located at the right side of the direction of the course while driving a freight vehicle on March 5, 2016 and proceeding the road located in the Haan-gun B from the Mana to the Jinan-gun.