(영문) 대전지방법원 2019.06.27 2018노3791 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.06.27 2018노3791

도로교통법위반(음주운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal: The Defendant taken alcohol from March 22, 2018 to 20:57 on the same day from March 19:30, 2018; the Defendant terminated driving around 21:54 on the same day; and the Defendant was subject to the measurement of blood alcohol concentration around 21:59, which was five minutes thereafter.

Therefore, the alcohol ratio taken by the Defendant from 19:30 to 20:24 is 62%, and the alcohol ratio taken from 20:24 to 20:57 is 38%. Considering the fact that the blood alcohol concentration exceeds the highest point of 30 to 90% after drinking, the above 62% out of the alcohol taken by the Defendant is already connected with the blood alcohol concentration at the time of driving.

Therefore, in light of the above alcohol ratio (the blood alcohol concentration 62% and unclear 38% and 62% adjoining to the lower mouth, or 62% higher than the lower mouth), it is difficult to deem that the Defendant was at the time of driving or the blood alcohol concentration measurement at the point of time.

In addition, at the time of operation and at the time of measurement of blood alcohol concentration, the defendant was in blood alcohol concentration at the point of time.

In light of the fact that the distance between the end point of driving and the point of measuring the blood alcohol concentration is very close, it can be sufficiently recognized that the defendant's blood alcohol concentration was at least 0.05% at the time of driving.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise of the blood alcohol level or the lower time, even if the blood alcohol level measured at the time when the driving was completed and at the time when a considerable time has elapsed, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal standard.

There are differences for each individual, but between 30 minutes to 90 minutes after drinking.

유사 판례

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-울산지방법원 2015.03.12 2014고정1119

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