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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds of appeal (the factual error scenario) is obvious that the defendant was driving under the influence of alcohol, and there is no evidence to prove that the blood alcohol concentration level was above the punishment value, and all of the judgment below which acquitted the defendant of the primary facts charged is erroneous in the misunderstanding of facts.
2. Determination:
A. The summary of this part of the facts charged is as follows: around 02:31 on July 08, 2012, the primary Defendant driven a C vehicle from around 1k to the road in front of 484, Seongbuk-dong, Seongbuk-gu, Seoul, at around 02:2:31% of the blood alcohol concentration at around 02:07 to the road in front of 0.201% of the blood alcohol concentration at around 484, Seongbuk-gu, Seoul. (2) The Defendant of the ancillary facts charged driving a vehicle at around 1k from the road in front of Seongbuk-gu, Seoul to the road in front of 484, Seongbuk-gu, Seongbuk-gu, Seoul.
B. The lower court’s judgment on the primary charges is as follows. ① The blood alcohol concentration of 0.201% by the blood sampling of this case is nothing more than the number at the time of blood consumption (02:43) and the blood alcohol concentration of 0.201% by the blood sampling of this case is not limited to the number at the time of blood consumption (02:08); ② The blood alcohol concentration is changed due to the lapse of time after drinking; ② the blood alcohol concentration of 30-90 minutes after drinking, but the blood alcohol concentration of 0.08% to 0.03% at the time after drinking (average 0.015%) since the blood alcohol concentration of the Defendant reached the highest level after drinking, taking into account the following factors: ③ the Defendant’s blood alcohol concentration of 0.201% after drinking, and ③ the Defendant’s blood alcohol concentration of 0.08% after drinking was measured at the end of the hours of driving of this case and the Defendant’s blood concentration of 30-90% after drinking.