도로교통법위반(음주운전)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On July 25, 2015, the Defendant driven D e-mail vehicles under the influence of alcohol level of about 0.058% from the section of approximately 45 km in the middle-land highway located in the Eup/Myeon located in Changwon-si, Changwon-si, Busan, the Busan, and around 13:20 of the same day from the rest area of the main highway in the direction of Busan, and around 15:20 of the same day from the rest area of the main highway in the city of Changwon-si, Changwon-si, the Defendant driven D e-mail vehicles under the influence of alcohol level of about 45km.
2. Determination
A. According to the records of this case, the following facts can be acknowledged.
1) On July 25, 2015, around 12:20, the Defendant: (a) arrived at, and went to, the rest area in the direction of Busan from the highway; (b) up to July 25, 2015, 500 locks began to start driving by stopping three cans and driving by leaving three cans.
2) On July 25, 2015, around 13:20 on July 25, 2015, the Defendant: (a) changed the lane on the road in front of the entrance of the mid-to-To-To-To-To-To-To-To-To-be vehicle located in Eup, the Defendant completed a traffic accident where the left-hand side of the vehicle parked on the front right-hand side of the freight vehicle of the Defendant, while driving the vehicle on the front side of the cargo vehicle located in the front of the Eup.
3) On July 25, 2015, the Defendant was measured from the police around 14:49, and the alcohol concentration in the blood was 0.058%.
B. Although there are differences for each individual, the blood alcohol concentration between 30-90 minutes after drinking has reached the highest level, and thereafter, it is generally known that the blood alcohol concentration at the time of driving is reduced by approximately 0.08-0.03% (average approximately 0.015%) per hour. If the driving is at the time of termination, it is likely that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration at the time of actual measurement.
Therefore, in the situation where it is impossible to determine whether the alcohol concentration in blood is the rise point in the blood, or when it is difficult to determine whether the alcohol concentration in the blood, the alcohol concentration in the blood measured at the time when a considerable time has passed since the driving was completed, has remarkably exceeded the punishment standard.
Even if the blood alcohol level at the time of actual operation is the degree of alcohol level.