2010fixed3703 Violation of the Road Traffic Act (driving)

(******************) and company members.

Residence omitted

Place of Registration omitted

Mazyn-ray

Attorney***(Korean National Assembly)

May 18, 2011

The defendant shall be innocent.

The summary of the judgment against the defendant shall be published.

1. Facts charged;

On September 24, 2010, the Defendant was under the influence of alcohol of 0.053% of blood alcohol concentration around 21:20 on September 24, 2010 ***************** driving on the front road of the citizen center in Daegu middle-gu, Taegu, 201.

2. Determination

In light of the fact that the Defendant’s blood alcohol content from pulmonary measuring instruments showed 0.053% as indicated in the facts charged after the blood alcohol content was measured through blood testing around 00:28 on September 25, 2010 and the numerical value was 0.026% (a written appraisal of 11 investigation records and each written ruling submitted by the Defendant to this court), in the case of pulmonary measuring instruments, there may be problems with the accuracy and reliability of the measurement results based on the condition of the measuring instrument, measuring method, and the degree of cooperation between the other party (see, e.g., Supreme Court Decision 2003Do6905, Feb. 13, 2004). In light of the fact that the deposit manager following the pulmonary measuring of the instant case exceeds 0.05%, which is the punishment standard date, the remainder of the statement submitted by the witness at the time when the Defendant submitted by the lower court and the prosecutor alone at the time of the instant judgment.

It is not sufficient to recognize that a drinking driver was engaged in drinking to the extent that there is no room, and there is no other evidence to recognize it.

3. Conclusion

Therefore, since the facts charged in this case constitute a case where there is no proof of a crime, the defendant shall be acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant shall be publicly notified under Article 58 (2) of the Criminal Act

Judge Goh Sung