도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that, unlike the defendant's change of the body of the vehicle in this case after the defendant was driving D Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k
2. Determination on the grounds for appeal
A. On November 2, 2006, the Defendant had a record of having been punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court on November 2, 2006, and a fine of KRW 2.5 million for the same crime at the same court on June 8, 2012.
On May 27, 2019, at around 09:28, the Defendant driven the instant vehicle under the influence of alcohol concentration of 0.087% from the Do in front of the Nam-gu Incheon Metropolitan City B apartment management office to approximately 47km.
B. According to the evidence submitted by the prosecutor, the lower court determined that the Defendant driven the instant vehicle until 01:00 on the date of the occurrence of the instant case; the Defendant driven the instant vehicle as indicated in the facts charged; the Defendant’s blood alcohol concentration at 0:102% on the date of the occurrence of the instant case as a result of the alcohol alcohol measurement conducted by the Defendant on the 10:51 on the date of the occurrence of the instant case; and the blood alcohol concentration at 11:10 on the same day on the same day was measured at 0.074% on the blood collected at the lower court’s court court court court’s testimony at the E witness E, but it is recognized that the Defendant driven the instant vehicle within the time exceeding 09:0 on the date of occurrence of the instant case.