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The defendant shall be innocent.
Reasons
1. At around 01:40 on April 4, 2015, the Defendant driven a CP vehicle while under the influence of alcohol content 0.114% at the entrance of the same Dong-dong Hospital, Yongsan-si meals of the same Dong-si, Manyang-si, about 500 meters.
2. Determination
A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is an increase in the blood alcohol concentration, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time after the completion of the operation exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.
Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average approximately 0.015%) has decreased by 0.08% per hour. If the driving is completed, if the blood alcohol concentration at the time of driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.
(Supreme Court Decision 2013Do6285 Decided October 24, 2013, and 2006Do5683 Decided October 26, 2006, etc. (see, e.g., Supreme Court Decision 201Do683, Oct. 26, 2006)
According to the records, the following facts are recognized:
① On April 4, 2015, the Defendant d, “E” located in Sogdong-gu, Sogyang-si, Sonyang-si, and d, drinks.
The final drinking time is 4.3.23:19 ‘the final drinking time is set up in the report on the result of the control of drinking driving prepared by FF by the control police officer, but the accused is the defendant.
4. 18. Hours attending the police station to complete drinking while under interrogation of a suspect;
4. 4. Around 01:00, G stated that it was the Defendant.
4.4. Around 01:04, a credit card receipt for the settlement of credit card computed by oneself was submitted;
4. 02: 02:27 Repulmonary measurement of the blood alcohol content is 0.053%;
4. 4. At around 02:55, blood alcohol concentration is increased by not later than three hours after the date of final drinking, such as verification of blood alcohol content as 0.114%.