도로교통법위반(음주운전)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. 공소사실의 요지 피고인은 음주 운전으로 2회 이상 처벌 받았음에도, 2015. 9. 30. 00:30 경 혈 중 알콜 농도 0.073% 의 술에 취한 상태로, 군포시 금 정동 먹자 골목 내에 있는 ‘ 이고 집 쭈꾸미’ 음식점에서 같은 동에 있는 금정 역 삼거리에 이르기까지 약 100m 구간에서 C BMW320d 승용차를 운전하였다.
2. Determination
A. In a case where an official rule of experience, such as science, is used to find out the existence of the elements of crime, it requires strict proof as to individual and specific facts, which are the premise for the application of the rule of law. In the case of the above dmark formula, the quantity of alcohol taken in as data for the application thereof, drinking time, body weight, etc. Therefore, strict proof as to such premise facts is required.
B. The presumption method of alcohol concentration in the blood in accordance with the above dmark formula has parts concerning the degree of alcohol concentration in the highest blood due to the absorption and distribution of alcohol and the decomposition and extinguishment due to the lapse of time. Among them, in the calculation of the alcohol concentration in the highest blood, it may have an impact on the results of the absorption rate in body, nature, rain, age, height, body weight, etc. of the alcohol in body, and each individual may have a change in time to the degree of alcohol concentration in the highest blood. In the dissolution of alcohol, the degree of normal alcohol, body quality, drinking speed, degree of physical activities after drinking, etc. may have an impact on the blood concentration in a specific time after drinking, and there is no reasonable doubt that there is a need for conviction in the criminal trial. Accordingly, there is no need to establish reasonable conviction in the facts charged.