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The judgment of the court below is reversed.
Of the facts charged in this case, the charge of violating the Road Traffic Act (driving) shall be acquitted.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s violation of the Road Traffic Act wears a flat mold, which remains remaining alcohol in the drafting at the time of the so-called “breathing” measurement, and measured without any strawing part of his/her straw, thereby making a high drinking level.
B. In light of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the victim's injury in light of the details of the diagnosis of the victim, the situation of the victim's arms, etc., is not the influence of the vehicle operated by the defendant, but the defendant did not injure the victim
2. Judgment on the misapprehension of facts as to the violation of the Road Traffic Act
A. The summary of this part of the facts charged and the summary of this part of the facts charged by the lower court are as follows: “The Defendant driven a c1 ton of c1 ton of alcohol in the state of drunk alcohol concentration at the parking lot in front of the agricultural cooperative marketing center located in the Busan Seogdong-gu, Busan at around 11:20 on August 29, 2012.” The lower court found the Defendant guilty of this part of the facts charged, taking into account the evidence duly admitted and examined by the lower court.
B. The measurement of alcohol concentration by the respiratory measuring device for the judgment of the court is to measure that the alcohol content in blood absorptions through the pulmonary measuring instrument and discharges it into the pulmonary air, so it is difficult to readily conclude that the blood concentration in blood is identical to that in the blood by only the measurement result of the pulmonary measuring instrument while the pulmonary measuring instrument does not have a considerable time from the final drinking time, or due to the use, etc. of telim, earth and sand, stoves, dental steel, oral mouth with alcohol ingredients, and blood on the upper part of the body, etc. are measured together with the pulmonary air discharged from the waste.