The defendant shall be innocent.

On October 24, 2015, the Defendant was under the influence of alcohol content of 0.056% during blood transfusions at around 21:52, the Defendant driven a coo vehicle in the section of approximately 400 meters from the front of the Daejeon-dong to the road front of the Green church located in the same Dong-dong, where the trade name in the Dong-dong of Daejeon is unknown.

Judgment

In a situation where it is impossible to determine whether the alcohol concentration 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 among blood measured at the time when driving is completed at a considerable time 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 blood alcohol concentration between 0.008 and 0.03% per hour (average 0.015%) is reduced by 0.08% per hour. If the driving is completed during the blood concentration, if the blood alcohol concentration is under the rise period, it is likely that the blood alcohol concentration at the time of driving is lower than the blood concentration actually measured.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be reasonable in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the continuous time and quantity of drinking, the driver’s behavior level at the time of the crackdown and measurement, and the situation of the accident, if there is a traffic accident, etc.