On August 2, 2015, the Defendant driven the said vehicle at a section of about 3 km per raw 549-1 square meters from the front side of the next Gamba-gun in the Yaeng-gun of the Chungcheongnambuk-gun, which is under the influence of alcohol content of 0.074% among the blood transfusion around 14:00.

2. Determination:

A. In a case where an empirical rule, such as scientific formula, is used to find out the existence of the elements of the relevant legal doctrine or the existence of the elements of the crime, a strict proof is required as to individual and specific facts constituting the premise for the application of the rule of law. However, in the case of the above dmark formula, the quantity of alcohol taken in as data for the application thereof, drinking time, body weight, etc., so strict proof is required.

B. The presumption method of alcohol concentration in the blood in accordance with the above dmark formula has parts concerning the degree of alcohol concentration in the highest blood due to the absorption and distribution of alcohol and the decomposition and extinguishment due to the lapse of time. Among them, in the calculation of the alcohol concentration in the highest blood, it may have an impact on the results of the absorption rate in body, nature, rain, age, height, body weight, etc. of the alcohol in body, and each individual may have a change in time to the degree of alcohol concentration in the highest blood. The degree of ordinary alcohol, body quality, drinking speed, degree of alcohol, degree of physical activities after drinking, etc. may have an impact on the blood concentration in a specific time after drinking, and there is no reasonable doubt that the above facts charged may have a reasonable conviction in the criminal trial. Thus, there is no need to establish a reasonable conviction in the facts charged.