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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the defendant's behavior behavior level at the time when the defendant's drinking crackdowns on the grounds of appeal and the circumstances of the traffic accident caused by the defendant, the court below found the defendant not guilty of the facts charged of this case even if the defendant was found to have driven under the influence of alcohol level 0.056% at the time of this case.
2. Determination
A. On October 2, 2008, the Defendant, at the Seoul Central District Court, was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court on October 2, 2008, and on January 27, 2012, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with labor for the same crime in the same court.
Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven CM7 car at a section of about 300 meters from the front of the 300-meter road in front of the road in the Gu, the Gu, a Gu located in the Gu, South-west-gun, west-gu, Seoul, under the influence of alcohol level of 0.056% during the blood transfusion around April 12, 2017, while under the influence of alcohol level of 0.05%.
B. The lower court determined based on the evidence, based on the following circumstances: (a) the time spent by the Defendant during driving until the end of driving after the final drinking is about 10 minutes; (b) the possibility that the alcohol concentration in the blood at the time of driving might still have been increased; (c) the alcohol concentration in the blood at the time of driving is 0.056% in the number after about 60 minutes from the Defendant’s completion of driving; and (c) Meanwhile, according to the main driver’s circumstantial report, the Defendant’s speech and behavior at the time of the crackdown was divided and the face color was a little red color, but this cannot be excluded from the possibility that the Defendant’s alcohol concentration in the blood at the time of detection was increased in the Defendant’s condition at around 02:30 on April 12, 2017, as stated in the above report.
The defendant is written in the investigative agency, and the case is discussed.