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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine and finding the Defendant guilty of the facts charged of driving alcohol, by misapprehending the legal doctrine, on the ground that: (a) although there was a little number of alcohol prior to driving by the Defendant; (b) driving an automobile immediately after drinking; (c) measuring the alcohol level after a considerable time after driving; and (d) blood alcohol level at the time of driving was less than 0.05%.
B. The sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of order to attend a law-abiding driving lecture) is too unreasonable.
2. Determination on the grounds for appeal
A. On June 18, 2010, the summary of the facts charged [1] The Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court on June 18, 2010, and on March 31, 2016, sentenced a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on March 31, 2016. [criminal fact] On July 24, 2018, around 00:15, the Defendant driven a siren car under the influence of approximately 0.081% of blood alcohol level in the front of the apartment apartment B at Yangnam-si, Yangnam-si. Accordingly, the lower court found the Defendant guilty of the facts charged by taking into account the Defendant’s legal report and statement of the driver of the Jeju District Court on July 24, 2018.
3) Determination A) In the circumstances where it is difficult to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is an increase in the blood alcohol level, or it is difficult to determine whether the blood alcohol level at the time of driving under the said legal doctrine is the point of time, even if the blood alcohol level measured at the time when the driving was completed exceeds the penalty standard, the blood alcohol level at the time of actual driving is subject to punishment.