도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: ① The alcohol content of the Defendant’s blood was 0.051%, which exceeded the punishment standards; ② the possibility of errors due to the machine error in the respiratory measuring instrument, etc. cannot be ruled out; ② even if the Defendant was guilty, the punishment of the lower judgment (1.5 million won) is too unreasonable.
2. Determination
A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, the Defendant can recognize the fact of driving under the influence of alcohol more than 0.05% in blood, which is the basic value for punishment, at the time of the completion of driving. Therefore, this part of the Defendant’s assertion is without merit.
1) At the time of the instant drinking control, the Defendant stated that “On September 14, 2015, around 15:30, at the time of the instant drinking control, the Defendant stated that the control police officer was “on the date and place of drinking and the place of drinking.”
2) On September 14, 2015, the Defendant was under the influence of alcohol and terminated the driving at around 18:20 on September 14, 2015, and was subject to a pulmonary test at around 18:25 on the same day.
As a result of pulmonary measurement, the alcohol concentration of the defendant's blood was 0.051% measured.
3) Although there are differences for each individual, it is generally known that the blood alcohol content between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it has been known that the amount of alcohol content from 0.08% to 0.03% per hour (average approximately 0.015%) has decreased by 0.03% (average approximately 0.015%). Since the Defendant was found to have been driving at around 18:20 on September 14, 2015, which was 170 minutes after around 15:30 minutes after the final drinking time as seen earlier, the Defendant was found to have been at the time of detection.
The decision is judged.
However, since 0.051% of 0.051% of pulmonary measurement conducted five minutes after the end of driving has been added at the end of driving, it can be known that the alcohol concentration in blood was higher at the end of driving.
4) At the time of detection, the controlling police officer divided the Defendant’s horse input, divided the Defendant’s walking condition into several strings, and was hacked with snow.
“State. Action.”