The judgment below

The part of innocence on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be reversed.

In this case.

1. The summary of the grounds of appeal (misunderstanding of facts and misapprehension of legal principles) as to the Defendant’s blood alcohol concentration at the time of measuring the alcohol of this case, and thus, the Defendant’s blood alcohol concentration at the time of final driving exceeded 0.05%, which is at least the penalty standard value.

It is sufficient to accept the recognition.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Amendments to Bill of Indictment (additional charges);

A. On the date of the second public trial of this court, the prosecutor primarily maintained the facts charged as to the violation of the Road Traffic Act (drinking) and the violation of the Special Act on the Settlement of Traffic Accidents (disadvantageously Injury). However, on the date of the second public trial of this court, the prosecutor filed an application for changes to the portion of the facts charged “under the influence of alcohol level of 0.053% during blood,” which read “under the influence of alcohol level of 0.05% and below 0.1% during blood,” which read “under the influence of alcohol level of at least 0.05% during blood,” and this court permitted this.

In doing so, considering the fact that there is an interval between the point of time and the point of time between the blood alcohol level measurement for the defendant and the point of actual driving with respect to the above indictment, the previous indictment changed the blood alcohol level to “0.05% to “0.05% but less than 0.1%,” and thus, the previous indictment does not change the applicable legal provisions. Thus, the previous indictment does not change substantially, and thus, it cannot be deemed that the subject of the judgment is changed.

Therefore, there is no reason to reverse this part of the judgment of the court below on the ground of the modification of the above indictment, and it is reasonable to judge the reasons for appeal by the prosecutor on

B. As stated below, an application for changes in indictment was filed in addition to the facts charged as to the violation of the traffic law and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury).