도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal in this case was that the alcohol measurement was conducted after a considerable period of time from the driving at the time of the driving. According to the driver's circumstantial statement report, the defendant at the time of the detection, "the state of speech and behavior", the walking condition of the defendant was a little string, the walking condition was red. According to the traffic accident report and the victim's statement report of the traffic accident, the traffic accident in this case was the traffic accident in this case, after the defendant passed through the string of the string through the string to the string, and the driver's behavior at the time of the above control was shocking the damaged vehicle which was stopped for signal waiting at the 2nd-lane, and thus, it cannot be concluded that the alcohol concentration in the blood during the operation was lower than the 0.58% level measured at the time of the driving at the time of the above control, and it was erroneous in the judgment of the court below that found the defendant not guilty of the facts charged, which affected the judgment.
2. Examining the evidence duly adopted and examined by the court below in light of the record, the evidence submitted by the prosecutor alone alone proves that the facts charged in this case are beyond reasonable doubt.
Therefore, the judgment of the court below which acquitted the defendant of the facts charged is not erroneous as alleged by the prosecutor. [In accordance with the evidence duly adopted and examined by the court below, the defendant is driving the damaged vehicle in order to change its course from five lanes to one lane after driving it on the Tol-Tol-Tol-to-Tol-to-on, and it can be recognized that the defendant caused a traffic accident where the left-hand side of the damaged vehicle stopped for the waiting signal at the second lane is taken to the front right-hand side of the damaged vehicle.
However, the following circumstances, which can be known by the record, are driving at the time of final drinking claimed by the defendant.