1. On April 16, 2017, around 20:05, the Defendant driven a Crocketing car under the influence of alcohol concentration of about 200 meters from the 3-distance crossing at the entrance of the air apartment zone in the same So-called So-young-dong, Busan, the trade name of Seocheon-dong, and around 200 meters from the 200-meter crossing at the entrance of the same So-called So-called So-called So-called So-young-dong.

2. According to the records of this case, the defendant driving the above Soa car around 20:05 on April 16, 2017, and caused a serious accident to the injured party who crosses the road at the entrance of Samcheon apartment-gu, Seocheon-dong, Busan, Busan, and caused a serious accident to the injured party who crosses the road, and then under investigation at around 21:13 on the same day during the same day, he was found to have the Defendant’s blood alcohol concentration at 0.066%. Based on this, the prosecutor acknowledged the fact that the Defendant brought the prosecution of this case on the premise that the alcohol concentration in blood is 0.066% at the time of the completion of driving.

However, in a situation where it is impossible to determine whether the alcohol level is the rise point in blood while driving alcohol, or when it is difficult to determine whether it is the summer point, the alcohol concentration in blood measured at the time when the driving is completed and when a considerable time has passed has exceeded the punishment standard.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the latter reduces about 0.08% to 0.03% (average approximately 0.015%) per hour. If the driving is completed, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration at the time of actual measured (see Supreme Court Decision 2013Do6285, Oct. 24, 2013). In full view of the following circumstances recognized by the records of this case based on these legal principles, the evidence submitted by the prosecutor alone is presented by the Defendant.