Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.

Parts of innocence

1. On December 14, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 14, 2007, and a fine of one million and five hundred thousand won for the same crime at the same court on April 7, 2009, respectively.

On March 24, 2016, at around 01:15, the Defendant driven an E rocketing car with a blood alcohol content of about 0.059% under the influence of alcohol from approximately 300 meters away from the D restaurant located in Daejeon Seo-gu Daejeon to the Korean bank located in Daejeon Seo-ro 81-ro.

2. (1) In a situation where it is difficult to determine whether the blood alcohol concentration at the time of driving under the relevant legal doctrine is an increase in blood alcohol concentration or at the time of taking a bar, 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, 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 the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, it is about 0.08% and 0.03% (average 0.015%) per hour. If the driving is in the rise season, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

(2) According to the health stand, the Defendant and the witness F’s statement, the results of the influence on drinking driving, the inquiry into the fact that drinking is conducted, and the circumstantial records of drinking drivers’ statement concerning drinking hours, drinking place, and drinking volume at the time of the instant case at the time of the instant case at around 00:45 on March 24, 2016, the Defendant stated that the Defendant was drinking 4 through 6 remaining drinking alcohol in D restaurant in Daejeon-gu Daejeon-gu Daejeon-gu Seoul at around 00:45 on March 24, 2016, the Defendant stated that he was drinking 4 remaining alcohol at the time of the police investigation on March 28, 2016, and the Defendant made a statement that he was drinking on March 28, 2016.