도로교통법위반(음주운전)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the blood alcohol concentration measured by the Defendant’s drinking time, driving time, and drinking time is 0.154%, and the blood alcohol concentration measured by the Defendant’s driving is deemed to have exceeded 0.1%, but the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of facts.
2. Determination:
A. On July 1, 2013, at around 15:45, the Defendant driven a ewing truck with a blood alcohol concentration of 0.154% at a section of about 500 meters from the front of the cafeteria, “D” restaurant located in the Yannam-si, Yannam-si, and the front day of the Yannam-si, Yannam-si, to the road in the same Ri.
B. The lower court found the Defendant not guilty of the charges of this case on the grounds that it is insufficient to recognize that the Defendant driven a vehicle under the influence of alcohol on July 1, 2013, while driving the vehicle under the influence of alcohol on July 15:45, 2013, the time for measuring alcohol was 16:31 on the same day, and the time for measuring alcohol was 15:40 on the same day, and the final time for measuring alcohol was 15:40 on the same day, and that the blood alcohol level was not 0.154% at the time of committing the crime (15:45) and it is difficult to presume the alcohol level at the time of driving because the measurement of alcohol in this case was conducted at a time when it cannot be deemed that it was a downflow period, and there is no other evidence to acknowledge it.
C. According to the relevant legal principles, the blood alcohol level due to alcohol generally differs for each individual depending on the body quality of the person under influence, the kind of drinking alcohol, the speed of drinking, and the degree of food in a disguised manner. The blood alcohol level between 30 minutes and 90 minutes after the ordinary drinking has reached the highest level, and later, about 0.08% to 0.03% per hour (average 0.015%) (average 0.015%), but even according to the above opinion, the blood alcohol level after drinking is the highest level.