Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (driving) shall be acquitted. The summary of the verdict of innocence shall be acquitted.

Parts of innocence

1. On October 13, 2014, at around 00:33, the Defendant driven a Hlearning car under the influence of alcohol concentration of about 400 meters from “Fju store” located in Ansan-si, Nowon-si to G to the front day of G.

2. The Defendant’s and defense counsel’s claim was made without having been placed in his/her place of drinking, while there was a difference between each individual and 30-90 minutes after drinking. However, the blood alcohol concentration between 30-90 minutes after drinking and then reduced thereafter. Since drinking was conducted since only 35 minutes after the occurrence of the instant traffic accident, the result of the Defendant’s breath measurement of alcohol concentration against the Defendant cannot be readily concluded that the Defendant driven under the influence of alcohol with a blood alcohol concentration exceeding 0.05% at the time of the instant accident. This part of the facts charged is not guilty.

3. Determination

A. Relevant legal principles 1) The result of the measurement of alcohol conducted under Article 44 (2) of the Road Traffic Act can serve as the basis for the driver to take unfavorable measures, such as revocation or suspension of a driver's license, based on the result, and may be used as important evidence in future investigation and trial. Thus, the measurement of alcohol shall be conducted in accordance with fair methods and procedures to ensure the accuracy and objectivity of the measurement, such as taking necessary measures in advance to prevent any error due to remaining alcohol in the mouth of the driver's mouth. If the result of the measurement of alcohol is not obtained through such methods and procedures, it shall not be easily admitted as evidence of guilt (see, e.g., Supreme Court Decision 2005Do7528, May 26, 2006).