All appeals filed by the Defendants and the Prosecutor are dismissed.

Taking into account the circumstances behind Defendant A’s violation of the Road Traffic Act by asserting that Defendant A is guilty of the grounds for appeal, the Defendant has not driven a vehicle in a drinking state with a alcohol level of not less than 0.05% in the blood alcohol level of not less than 23:20 at the time of driving on that day.

The time of the defendant's driving is about 23:20 minutes from around 23:0 to around 20 minutes on the day when drinking ends.

At the time, the overall part of the blood alcohol concentration increase machine was 0:30 on the next day, which is the highest point of the blood alcohol concentration increase machine, and the alcohol concentration among the blood expected blood was 0.067%.

It cannot be concluded that it is at least 0.05% at the time of operation, unless the rise valleys rapidly rise.

The fact that the police did not measure drinking at the time of the accident investigation is due to the fact that there was no circumstance to suspect drinking at the time, and the victim H's statement that the defendant drinking was the victim's negligence is low since H made a statement to avoid responsibilities.

The state driver's circumstantial statement was made at the time when the alcohol concentration increase has passed during blood.

The time when the above preparation was made was time when physical reaction such as recognition ability was significantly reduced due to the influence of drinking, while the driving time was before the physical reaction due to drinking was made due to the increase of alcohol concentration during blood.

The defendant was driving under the influence of alcohol at least 0.05% in blood on the ground of his behavior such as requesting the above defendant B to act by proxy in advance.

shall not be deemed to exist.

The defendant did not have a previous record related to driving for 14 years, and judged that he should not frighten a drinking even if he does so regardless of the degree of drinking, and that the defendant is fine to drive directly while trying to drive by proxy after drinking a little amount of drinking.

Determination and driving.

In consideration of the following circumstances, the defendant did not have any intention to commit an escape, considering the fact of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence).

The defendant himself.