(영문) 인천지방법원 2018.01.24 2017노4266 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.01.24 2017노4266

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The alcohol measuring instrument used by the police in the summary of the grounds for appeal (misunderstanding of the facts as to the portion not guilty) is indicated to be lower than 5% of the alcohol content measured through correction of the measurement value, and the degree of accuracy of the permissible error range falls under 【0.05% of the alcohol content measured by the alcohol measuring instrument around 22:47 on February 4, 2017. As such, the Defendant’s blood alcohol content falls under 0.104% between 0.10845% and 0.1054% at the time of the Defendant’s blood alcohol content at the time of the operation, and the Defendant was driven at the time when 30 minutes elapsed from the time when the Defendant started alcohol, and thus, at the time of the operation, it was always found that the alcohol content was risen in the blood alcohol content at the time of operation.

In light of the fact that it is difficult to readily conclude, according to the Defendant’s black image and sound recording, the Defendant was unable to properly determine the situation under the influence of alcohol at the time, and the fact that the Defendant was driven under the influence of alcohol with 0.104% alcohol concentration in the blood transfusion around February 4, 2017, taking into account the following: (a) the Defendant’s circumstantial statement report on the driver’s fluor was written in the “fluorial state” column as the “fluorial state” column; (b) the “fluorial state” column; and (c) the Defendant was written in the “ driver’s blood color column.”

2. The lower court determined that the Defendant’s blood alcohol concentration exceeds 0.1% of the punishment standard value on the sole basis of the evidence presented by the Prosecutor while explaining the grounds for the determination in detail.

Considering that it cannot be readily concluded, this part of the facts charged was acquitted.

In light of the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous is without merit.

3. As such, the Prosecutor’s appeal is without merit, and thus, the Criminal Procedure Act.

유사 판례

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