도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the driving under drinking as stated in the facts charged, which is erroneous in the misunderstanding of facts and of legal principles.
2. Determination
A. On June 18, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Gwangju District Court’s net support on June 18, 2012, and a summary order of KRW 3 million as a fine in the same court on March 25, 2013, respectively.
On April 12, 2017, the Defendant driven CMW car from around 200 meters in the section of 200 meters to the reputation fright or front road in the middle of the fishery market located in the ordinance of the relevant City, in the state of alcohol concentration of 0.053% among the blood transfusion around 23:15.
B. The lower court determined that the alcohol concentration among the blood cells measured with a considerable time from the time of driving when it is difficult to determine whether the blood alcohol concentration at the time of driving is the point of time or when he/she down driving. In such circumstances, the lower court determined that the alcohol concentration among the blood cells measured with a considerable amount of time from the time of driving exceeded the punishment standard
Even if the blood alcohol concentration at the time of actual driving exceeds the standard level of punishment.
In general, it cannot be determined that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, it is known that the blood alcohol concentration between 0.08 to 0.03% per hour (average approximately 0.015%) has been reduced. In light of the following circumstances, the evidence duly adopted and examined by the court below, the point at which the Defendant’s driving was completed and the point at which the drinking was measured are determined to have 90 minutes earlier from the point at which the drinking was completed, and the Defendant’s blood alcohol concentration was reduced at the time when the alcohol concentration was driven compared to the alcohol concentration among the actually measured blood, and driving the alcohol concentration at 0.053% from the measured blood.