도로교통법위반(음주운전)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. Around January 14, 2014, the Defendant driven CK7 vehicle under the influence of alcohol content of 0.061% in a 2km section from the elath of the Gangseo-gu Seoul Metropolitan Government Seodong to the 743rd-dong, Yangcheon-gu, Yangcheon-gu, Seoul.
2. Determination
A. In full view of the evidence duly adopted and examined by this court, namely, the statement of taxi drivers D and the statement of crackdown police officers, the images taken by CCTVs, the Defendant’s telephone conversation details, and the misappropriation of the Defendant’s vindication details, etc., the fact that the Defendant driven a taxi with drinking alcohol as stated in the facts charged is recognized.
B. However, as to whether the Defendant driven at around 21:10 on January 14, 2014 the alcohol concentration at around 0.061%, in a case where it is difficult to determine whether the health level or whether the ordinary drinking level falls under a situation where the blood alcohol concentration at the time of driving toward the highest level, or whether it falls under a situation where it comes down to the highest level after it reaches the highest level, and rather, there is a possibility of rise, it cannot be said that the Defendant’s pulmonary concentration at 0% of the blood alcohol concentration at the point of time after a considerable period of time is applied only to the blood alcohol concentration at 0% after the blood alcohol concentration at the time of driving (see Supreme Court Decision 2006Du15035, Jan. 11, 207) and thus, it cannot be said that the Defendant’s pulmonary concentration at 10% of the blood alcohol concentration at 0.3% of the average 0% of the 0.0% alcohol concentration at the time of driving (see Supreme Court Decision 200006% after the alcohol concentration at that time after the 8%.
However, on January 14, 2014, the Defendant 2 and 2 others around the aftermath.