(영문) 서울남부지방법원 2019.01.25 2018노655

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.01.25 2018노655

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to a mistake of facts or misapprehension of legal principles concerning the non-guilty part of the judgment of the court below (the driving while under the influence of alcohol more than 0.20%). According to an investigation report (report on the circumstances of a drunk driver), etc., even though the defendant could fully recognize the fact that he drives under the influence of alcohol at the same level as the stated in this part of the facts charged, the court below cannot recognize the fact that he drives under the influence of alcohol more than 0.200%, which is found guilty, and it cannot be recognized that he drives under the influence of alcohol more than 0.20%, and the court below acquitted this part

B. The sentence imposed by the lower court (two years of imprisonment, two years of probation, 160 hours of community service order, probation, and 40 hours of order to attend a compliance driving lecture) is too uneasible and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, even if the blood alcohol concentration measured at the time when the driving was completed when a considerable time has elapsed from the point of time to the point of time to the point of time to the point of time to the point of time to determine whether the blood alcohol concentration at the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to the point of time to

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then reduces about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, even if there is an interval between the time of operation and the time of measurement of the blood alcohol concentration, and if it appears to increase the blood alcohol concentration at that time, such circumstance alone is in fact unconditional.

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