도로교통법위반(음주운전)
The defendant shall be innocent.
1. On August 15, 2015, the Defendant driven a DSS5 vehicle under the influence of alcohol content of about 500 meters at approximately 0.057% prior to the exit of the port area located in the Dong-dong of the same Gu on the road in front of the water station located in the Suwon-dong of Busan, Suwon-dong, and at least 2:00 meters prior to the exit area located in the same Dong-dong.
2. Determination:
A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). Meanwhile, in a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is an increase in the blood alcohol level or lower time, even if the blood alcohol level measured at the time when driving was completed when a considerable time has exceeded the penal standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal standard.
Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then reduces about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.
However, even if there is an interval between the time and the time of the measurement of the blood alcohol concentration, and if it appears to increase the blood alcohol concentration at that time, such circumstance alone can prove that the blood alcohol concentration at the actual time of the operation exceeds the punishment standard.