The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, who is engaged in driving of DRavia vehicle; (b) drive the said vehicle 4 km from before the Kiju-si Fridong Fridong Fridong Fridong Fridong Fridong Fridong Fridong Fridong, while under the influence of alcohol level of 0.053% in blood at around 22:12 on June 17, 2012.

2. Determination:

A. Under relevant legal principles and basic premise 1, the driver's blood and pulmonary samples can be measured immediately after driving, and the blood level at the time of driving can be predicted as a result of a veterinary calculation by using the so-called Hemark formula, unless the driver's blood and pulmonary samples can be measured. However, in the event that scientific or other empirical rules are used to identify the existence of the constituent elements of crime, individual and specific facts, which are the premise for the application of the rule of law, should be proved. Meanwhile, in a criminal trial, the defendant's average blood level is based on the dynamic concentration measured after a certain time from a specific driving point of time, based on the Bamark formula, and such concentration is based on the blood alcohol level measured after a certain time from a specific driving point of time after addition to the divemark decomposition level after the driving point of time after the reduction of alcohol level, and there is no need to prove that the defendant's average physical influence at the time of driving is likely to easily affect the relevant facts charged, and thus, it is necessary to readily conclude that the defendant's average physical influence is necessary.