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The judgment below
Part of acquittal shall be reversed.
The defendant shall be innocent.
Reasons
1. The decision of the court below which acquitted the defendant, although the defendant could sufficiently recognize that he had been under the influence of alcohol with a blood alcohol content of not less than 0.05% at the time of driving of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment
2. Determination
A. An ex officio determination prosecutor filed an application for changes in the indictment with respect to Article 148-2(2)3 and Article 44(1) of the Road Traffic Act as “Article 148-2(2)3 and Article 44(1) of the Road Traffic Act” in the facts charged in the instant case (referring to the facts charged after the permission of changes in the indictment was granted on the seventh day of the original trial) as “0.151% or more of blood alcohol concentration” and “Article 148-2(2)2 and Article 44(1) of the Road Traffic Act” was changed to “Article 148-2(2)3 and Article 44(1) of the Road Traffic Act. As such, the lower
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court within the scope of the modified facts charged, and this will be examined below.
B. On June 2, 2012, at least 0.05% of the blood alcohol concentration, the Defendant of the facts charged: (a) driven 1 km from the inside and outside of the entrance of the Cheongju-si C Aggregate Screening Complex to the surrounding area of the above aggregate sorting line; (b) the time when driving under the influence of alcohol falls within the country where the blood alcohol concentration has risen toward the highest value; and (c) it is impossible to determine whether the blood alcohol concentration falls within the country where the blood alcohol concentration has risen after reaching the highest value; and (d) in cases where there is a possibility that the blood alcohol concentration has risen after a considerable time from the time of driving under the influence of alcohol, it is possible to determine whether it falls within the country where the blood alcohol concentration has risen, and instead, it is possible to determine whether it falls within the country where the blood alcohol concentration has risen.