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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the time between the defendant's driving point and the measuring point of blood alcohol concentration is about 17 minutes, and in light of the situation statement of the principal driver and the report of the circumstances of the drinking driver and the report of the drinking control result council, it can be deemed that the defendant was found to have conducted the repulmonary measurement after the defendant was faced with his/her equipment. Thus, the defendant's blood alcohol concentration deposit manager 0.056% is close to the value at the
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. Determination
A. The summary of the facts charged is that the Defendant, at the Jeju District Court on March 13, 2009, drives a motor vehicle under the influence of alcohol on at least two occasions after being sentenced to a fine of KRW 2,500,000 for the same crime in the above court on September 5, 2011.
On May 22, 2013, around 20:40, the Defendant driven C truck under the influence of alcohol content of about 0.056% at a section of about 100 meters from the front side of the Yaland parking lot located in the Donam-dong at Jeju, to the front side of the parking lot in the same Dong, and then to the front side of the parking lot.
B. The lower court found the Defendant not guilty of the instant charges on the ground that it is difficult to readily conclude that the Defendant was in the state of drinking alcohol concentration of 0.056% at the time of driving on the ground that it was difficult to conclude that the Defendant was in the state of drinking alcohol concentration of 0.056% at the time of driving on the ground that: (a) there was a difference of about 20:29 as to the time immediately after driving 20:46, which was 20:17; (b) whether the control police officer had the Defendant’s drafting to be in his/her water as water before measuring alcohol level; and (c)
C. The following is revealed in the records of the circumstances cited by the court below in the judgment of the court below, i.e., the time of measurement, even if the defendant was found to have suffered prior to the measurement of alcohol.