도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. In fact-misunderstanding and legal principles, the Defendant’s measurement of alcohol conducted around 02:5 on October 25, 2016, and the alcohol concentration of the blood that was measured at the time was 0.142%. However, the time when the Defendant driven the vehicle is about 00:5 on October 25, 2016, and the time when the Defendant driven the vehicle is 00:5 on October 25, 2016, and there is a difference between the above measurement time and the two hours. Thus, the measured values cannot be deemed as the blood alcohol concentration of the Defendant at the time of driving.
Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.
B. The sentence sentenced by the lower court (nine months of imprisonment) is too unreasonable.
2. Determination:
A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the reasoning for appeal by the court below, and the prosecutor applied for amendments to the indictment with respect to the modification of the indictment with respect to “0.142% of alcohol level 0.1% of the blood alcohol level 0.1%” among the facts charged in the instant case, and the judgment below cannot be maintained as it was, since this court permitted the modification and the subject of the judgment was changed.
However, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court, including the part related to the revised facts charged, even if there are such reasons for ex officio reversal.
B. On October 25, 2016, the Defendant, while having been punished more than twice due to a violation of the Road Traffic Act (drinking driving), was driving a vehicle driver’s license on at least 00:55 on October 25, 2016, which was under the influence of alcohol more than 0.1% of alcohol during blood, and driving approximately 1km C New EF rocketing car at approximately 1km from the front day of the bus terminal in the Gosung-si, Sungsung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun, and the road outside the Eup/Myeon in the same Eup/Myeon.
2) Determination A) The point at which the relevant legal doctrine is driving under the influence of alcohol.