The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Around December 6, 2016, the Defendant driven a C low-speed car with alcohol content of at least 0.056% in a section of about 500 meters from the 500-meter radius from the day before the day of Changwon-si Sea Movement Day in Changwon-si, Changwon-si to the front road in front of his death.

2. Determination

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood concentration between 0.08% and 0.03% (average 0.015%) per hour is reduced. If the driving is at the end of driving, there is a possibility that the blood concentration at the time of driving is lower than the blood concentration at the time of actual measured (see Supreme Court Decision 2013Do6285, Oct. 24, 2013, etc.). (b) According to the evidence submitted by the Prosecutor, the fact that the Defendant was discovered on December 6, 2016 and around 01:15 on the same day, and the fact that the blood alcohol concentration at the time of driving is 05% higher than the blood alcohol concentration at the time of driving than the blood concentration at the time of actual measured (see Supreme Court Decision 2013Do6285, Oct. 24, 2013).

2) First, we examine the Defendant’s drinking termination time.

On December 6, 2016, a written statement of the state driver's circumstances was written at around 01:05 on December 6, 2016, and the Defendant stated at the police that he/she drinks alcohol from around 23:00 on December 5, 2016 to December 01:00 on December 6, 2016.

In addition to the above statement of the defendant, the defendant was investigated differently at the time of the termination of drinking.