도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The court below found the defendant not guilty on the ground that there is a lack of evidence to prove that the defendant believed the defendant's statement that he drank alcohol after driving and on the basis of the defendant's driving under the blood alcohol concentration of not less than 0.05% after driving. The defendant and I's statement is not consistent and is not consistent with each other's statement, and the defendant's blood alcohol concentration of the defendant as 0.118% is higher than 0.104% which can be presumed to be the presumption that the defendant's blood alcohol content of the plaintiff's drinking all together. Thus, the court below's judgment on the premise of such statement is erroneous in the misapprehension of legal principles and misapprehension of legal principles.
2. The summary of the facts charged, despite the fact that the Defendant had been punished twice due to drunk driving, the Defendant driven a H low-speed car from the front parking lot of Geumcheon-gu Seoul, Geumcheon-gu, to the G parking lot located in F, about 150 meters, while under the influence of alcohol at around 04:50 on March 26, 2013, while under the influence of alcohol at 0.128% of alcohol content.
3. The lower court’s judgment: (a) while there is considerable doubt as to the Defendant’s driving in the state above 0.050% of blood alcohol level in light of the Defendant’s circumstantial statement report, police officer J and K’s statement, etc., the lower court found that there was considerable doubt in the record that the Defendant was driving in the state above 0.050% of blood alcohol level; (b) the Defendant parked the instant vehicle in the G parking lot at around 04:50; (c) he was accommodated in the G parking lot at around 04:54; and (d) he went to the said parking lot after having been called from G employees to get off the vehicle; and (e) he went to the said parking lot after having been called from G employees at around 05:43 to 112; (c) the instant drinking alcohol level of the Defendant’s blood alcohol level was 0.118% at around 06:07 (out of 77 minutes of parking); and (e) at the time of measuring the Defendant’s blood alcohol level at around 1000 million Y and 300.