The defendant shall be innocent.

1. The summary of the facts charged in the instant case was sentenced by the Gwangju District Court to a fine of KRW 5 million on April 25, 2013 for a violation of the Road Traffic Act (drinking), and was sentenced to a fine of KRW 1 million on November 27, 2006, and a fine of KRW 2 million on October 13, 2008, respectively, and violated the duty of prohibition on driving under the influence of alcohol at least twice.

Nevertheless, the Defendant, while under the influence of alcohol content 0.053% during blood transfusion on January 5, 2017, driven a 50-meter section from the front of a hospital opened in the Songdong-dong of Gwangju Mine-gu to the front of a restaurant for the same 50m section of 10m from the front of the hospital located in the Songdong-dong of Gwangju Mine-gu to the front of the restaurant for the same Gu.

2. Although there are differences by individual determination, the alcohol content in blood between 30 minutes and 90 minutes after drinking has reached the highest level of alcohol, and thereafter, it is generally known that the amount of alcohol content in blood has been reduced by approximately 0.08% to 0.03% per hour (average approximately 0.015%) (see, e.g., Supreme Court Decision 2013Do8640, Nov. 28, 2013). Meanwhile, as to whether the blood content in blood after drinking has reached the highest level of alcohol content, it is not yet known by research or investigation until it reaches the highest level of alcohol, and it is difficult to calculate the amount of alcohol value on the ground that there is no data related thereto.

In this regard, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the Defendant’s final drinking time is around 23:00 on January 5, 2017; the Defendant’s final drinking time is over 23:35 on the same day; and the respiratory measurement was conducted around 23:4 on the same day; thus, the possibility of increase in alcohol during blood cannot be ruled out; the interval between the driving time and the respiratory measurement time cannot be determined at the point where it is impossible to determine whether the alcohol concentration was increased or at the lower time; the Defendant’s respiratory measurement cannot be determined by how the amount of increase in alcohol during blood after the respiratory measurement is possible; the Defendant’s respiratory measurement exceeds 0.05% on the basis of the punishment standard for drinking alcohol; and the Defendant’s drinking is in excess of 0.05% on the part of the Defendant.