2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone cannot be deemed as proven without reasonable doubt that the Defendant was under the influence of alcohol above 0.05% at the time of driving. A.

On September 10, 2018, the Defendant was under control at around 22:38, and was measured at around 22:44 at the blood alcohol concentration of 0.052%.

The interval between the enforcement point and the time of the measurement of drinking is about six minutes.

B. The Defendant stated that the Defendant 2 cans of 500 locks at a screen golf course with a 7 to 8 o’clock on the day indicated in the facts charged, and that she dices 2 cans of 500 locks, and the running time of a golf course is confirmed at around 22:08 based on the credit card settlement time of the golf course usage

C. In general, it is known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest value, and thereafter, approximately 0.08% to 0.03% per hour (average approximately 0.015%) has decreased.

In case where the defendant dices alcohol immediately before the completion of the golf course until the driving time, about 30 minutes from the final drinking time until the driving time, and about 36 minutes from the time of the measurement of drinking, all of the driving time and the time of the measurement of drinking can have risen the blood alcohol concentration.

(e) if so increased, the maximum concentration of approximately 0.003% from the time of operation to the time of measurement at least 0.008% may increase, and when applying this, the blood alcohol concentration at the time of the Defendant’s operation at least 0.0512% and at least 0.049% and less than 0.05% cannot be excluded.

(f)bed;