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The prosecutor's appeal is dismissed.
Reasons
1. The appraisal report of this case, which contains the result of the appraisal conducted in relation to the collection of blood after collecting the blood of the defendant (misunderstanding of facts and misunderstanding of legal principles), is admissible as evidence since the defendant consented to the collection of blood.
Even if the instant written appraisal of family affairs lacks evidence evidence, it reaches 0.266% of alcohol concentration in blood fested from the Defendant’s drinking volume. Thus, the instant facts charged are sufficiently proven.
2. According to the evidence duly adopted and examined by the court below, the court below's decision that the defendant's consent cannot be viewed as legitimate blood collection for the appraisal of blood alcohol concentration is just and acceptable.
Therefore, the appraisal of this case is inadmissible as it constitutes illegally collected evidence.
Meanwhile, from August 12, 2014 to 23:00, the investigation report (related to the above dmark) calculated the alcohol concentration at 0.266% in accordance with the above dmark formula, based on the defendant's statement that he/she snicking 2 Hobbbbes 2 sick and 330ml lives in the first and second to 23:00 on August 12, 2014.
In that sense, the alcohol concentration among the blood above is calculated on the premise that from around 23:00 on August 12, 2014, the final drinking time, to August 3:10, 2014, the alcohol concentration has decreased for 160 minutes excluding 90 minutes during the 250 minutes from the time of accident.
However, from 18:30 to 23:00 to 18, the Defendant stated that the Defendant was to drink 13 illness in the first vehicle of 2 Hobbbes, 2 to 330 meters, and so there is no evidence to verify whether the Defendant was to drink her alcohol at a certain rate or at a certain rate. Thus, it is difficult to believe that the calculation of the above investigation report (the above dmark relation) is based on the premise that the Defendant was to drink her alcohol at a time at the final drinking time, and thus, it is difficult to believe it as it is.
Only the other evidence submitted by the prosecutor is alcohol of the blood as stated in the instant facts charged.