도로교통법위반(음주운전)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On June 20, 2016, the Defendant: (a) around 07:20, the Defendant driven a non-registered vehicle with alcohol content of 0.073% 0.073% while under the influence of alcohol at approximately 500 meters from the roads front of Skikib and front of the Central Cheongju market, as in Songpa-gu Seoul.
2. Determination
(a) In a situation where it is impossible to determine whether the alcohol level at the time of driving under the influence of alcohol is the point at which alcohol level has risen during blood, the alcohol concentration among blood measured at the time when the driving was completed at a considerable time has exceeded the punishment threshold;
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 level 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 determined based on evidence, such as the distance between driving and the measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the duration and quantity of drinking continued, the driver's behavior aspects at the time of the crackdown and measurement, and the situation of the accident if there is a traffic accident, etc., shall be considered in full view of logic and circumstances.