도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant’s interval between the time when driving is completed and the time when the respiratory test is conducted is about 14 minutes. The alcohol concentration among the blood measured at the time is 0.056%, and the Defendant’s drinking alcohol concentration during a considerable time in light of drinking alcohol for a considerable time;
In full view of the facts that it is difficult to readily conclude, the facts charged in this case can be found guilty.
2. Determination:
A. On December 6, 2016, at around 01:29, the Defendant driven a C low-speed car under the influence of alcohol level of about 0.056% from the section of the section of the section of the 500 section of the Act from the 500th class of the Changwon-si, Changwon-si, Changwon-si, the frequency from the day before the Changwon-si Sea Campaign was enacted to the front day of Jong-dong, Young-dong, the same Gu.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined, the lower court, based on the evidence submitted by the prosecutor, has sufficient evidence to the extent that the Defendant was under the influence of alcohol exceeding 0.05% during driving.
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
1) On December 6, 2016, around 01:15, the Defendant was exposed and the alcohol concentration among blood measured by respiratory method around 01:29 on the same day was 0.056%, and on the same day, 01:53 on the same day, the blood content among blood measured by light blood was 0.141%.
2) The Defendant’s circumstantial statement on the state of driver’s license is written at around 01:05 on December 6, 2016 at the end of drinking, and the Defendant stated in the police that he/she has drinking alcohol from around 23:00 on December 5, 2016 to December 01:
In addition to the above statement by the defendant, there was no other investigation as to the time when the defendant's drinking ends.
3) end of driving (10 to 15 minutes from the end point of drinking), breath measurement (24 to 29 minutes from the end point of drinking);