1. On May 2, 2014, the Defendant, while under the influence of alcohol of 0.058% of the blood alcohol concentration at around 23:30 on May 2, 2014, driven an EK3 vehicle along the six-lane road in front of the “Dcafeteria” located in Daejeon Neong-gu C, according to four-lanes from the Jeong-gu’s tunnel to the three-lane distance from the Jisung middle school.

2. Generally, the degree of blood alcohol level due to drinking is determined by the person according to the body quality of the person undergoes the test, the kind of the drinking alcohol, the speed of drinking, and the degree of food disguised at the time of drinking, etc., and it is known that the blood alcohol level from 30 minutes to 90 minutes after the ordinary drinking has reached the highest level.

Various factors such as degree of normal alcohol alcohol, physical quality, drinking speed, and degree of physical activities after drinking may affect the reduction of alcohol per hour. However, according to the reliable statistical data already known, the reduction per hour is recognized as 0.03% to 0.008% (see, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001). According to the evidence duly adopted and duly examined by this court, the Defendant’s final drinking time is 23:30 on May 2, 2014; the driving time is 23:20 on the same day; the driving time is 23:0 on the same day; the time is 00:07 on the following day.

However, according to the above statistical data, the Defendant’s driving time was not more than 10 minutes from the final drinking time, so it can be said that the blood alcohol concentration increase based on the final drinking time. The drinking measuring time was 47 minutes after the final drinking time, and it is reasonable to view that the instant drinking measurement was conducted at a time when it cannot be readily concluded that the blood alcohol concentration was the lower mouth of the blood alcohol concentration.

Therefore, in this case where the blood alcohol concentration exceeds 0.05% which is the standard value for punishment, the blood alcohol concentration was lower than the standard value for punishment before 37 minutes of the respiratory measurement, which is the time when the defendant was driving.