(영문) 대전지방법원 2017.08.10 2017노29 | 리걸엔진

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(영문) 대전지방법원 2017.08.10 2017노29

도로교통법위반(음주운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The Defendant, who was aware of the fact, was driven under the influence of alcohol above 0.050% in blood, which is the standard for punishment at the time of the instant case.

However, since the court below acquitted the defendant, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. On April 19, 2016, the Defendant driven a D car under the influence of alcohol concentration of about 10 km from the front of the mutually unclaimed restaurant to the front of the Sejong Sindo 20-ro 96, a Sejong Sinporo, at around 02:05 on April 19, 2016, while under the influence of alcohol concentration of about 0.05% on the blood alcohol level to the front of the apartment complex.

B. The judgment of the court below held that even if certain material is used, the defendant's final drinking time and measuring time does not reach 90 minutes, and according to the defendant's legal statement, the defendant took a considerably long-standing drinking, but the defendant took a large quantity of drinking water for 1 to 30 minutes from 00:0 when the third-class meeting, which is the last drinking place, began to take place, and thus, the defendant did not have a blood alcohol concentration at the time of measuring the defendant's final drinking time and drinking.

It is difficult to conclude that the Defendant’s measurement result of drinking is 0.055% higher than that of the Defendant’s 0.050% higher than that of 0.055% higher than that of the Defendant’s breath of drinking.

In this case where there is an interval of 43 percent between the last stage of the show and the measurement of drinking, it is clear that the Defendant’s last stage of the show was at least 0.050 percent of alcohol concentration.

In light of the fact that it is difficult to see, the defendant's situation revealed in the statement report on the situation of the driver in charge, and the circumstances of the defendant's traffic accident, the defendant could have been in a state in which he was unable to drive normally due to alcohol, but at the time, the defendant, who was under the influence of alcohol due to late night beyond his own situation, was in a very stroke, and the defendant at the time of the

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