The defendant shall be innocent.

At around 02:05 on April 19, 2016, the Defendant driven a D car under the influence of alcohol concentration of about 10km from the front of the cafeteria to the front of the 20-type apartment complex in the Sejong City, Sejong City, the 20-meter radius from the front of the cafeteria to the front of the 20-type apartment complex in the Sejong City, Sejong City, the Defendant was under the influence of alcohol concentration of 0.05%.

Reasons for innocence

1. In a situation where it is difficult to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise of the blood alcohol level or the lower time, even if the blood alcohol level measured at the time when a considerable time has elapsed since the completion of driving, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the penal standard.

Although there are differences for individuals, blood alcohol concentration between 30 to 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 30 to 30 minutes after drinking has reached the highest level, and 0.08 to 0.03% per hour (average 0.015%) has decreased. If the driving is in the rise season, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

However, even if there is an interval between the time of driving and the time of measuring the blood alcohol concentration, and even if the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the actual time exceeds the punishment standard.

In such cases, it is reasonable in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time difference between driving and measurement, the difference between the measured blood alcohol concentration and the standard value for punishment, the continuous time and quantity of drinking, the driver’s behavior level at the time of the measurement, and the situation of the accident if there is a traffic accident, etc.