도로교통법위반(음주운전)
The defendant is not guilty. The summary of this judgment shall be announced publicly.
1. The Defendant is a driver of another passenger car in the facts charged C.
On January 5, 2017, under the influence of alcohol level of 0.052% among the blood transfusion around 22:00, the Defendant driven the said vehicle up to 10 meters in front of the G restaurant located in F in the area of Busan Suwon-gu.
2. Determination 1) In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol level or at the time of lowering, the degree of alcohol level among the blood measured at the time when the driving is completed has exceeded the standard for punishment.
Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.
It shall not be readily concluded.
Although there are differences for each individual, 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% per hour. If the driving is completed due to the increase in the blood alcohol concentration, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration at the time of actual measurement.
However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.
Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.
shall not be deemed to exist.
In such a case, the punishment level was higher than the standard level at the time of driving.
Whether it can be seen or not shall be reasonable in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the continuous time and quantity of drinking, the driver’s behavior level at the time of the crackdown and measurement, and the situation of the accident, if there is a traffic accident, etc.