The defendant shall be innocent.

1. On March 22, 2018, the Defendant driven B vehicles while under the influence of alcohol content of 0.060 percent in the blood on the roads of the Dorash tunnel, located in the Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon.

2. Determination

A. The Defendant’s blood alcohol concentration was at least 0.05% at the time of driving the gist of the assertion.

It shall not be readily concluded.

B. Although the blood alcohol concentration due to drinking by the relevant legal doctrine has a little number of individuals, it remains at the highest value after the lapse of 30-90 minutes after drinking, and later, it is known that the blood alcohol concentration is gradually decreased by approximately 0.08% to 0.03% per hour (average approximately 0.015%).

However, in a case where it is impossible to determine whether the blood alcohol concentration at the time of driving falls under a situation where the blood alcohol concentration at the time of driving or falls under a situation where it comes down to the highest level and it is difficult to determine whether it falls under a situation where it comes to the highest level, and rather, it is possible to determine whether it comes to a situation where it comes to the highest level, and if there is a possibility that it comes to the situation where it comes to the said rise, only the part pertaining to decomposition extinction following the time limit during which it was measured after a considerable time from the time when it was driven, and only the part pertaining to the blood alcohol concentration at the time when it was measured from the point of time when it was measured, it cannot be confirmed that the blood concentration at the time of driving is measured (see, e.g., Supreme Court Decision 2006Du15035, Jan. 11, 207).

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value 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 the interval between driving and the measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the duration and volume of drinking continued, the driver's behavior level at the time of the measurement, the situation and circumstances of the accident, if there is a traffic accident.