The defendant shall be innocent.

1. Around April 22, 2020, the Defendant driven a F car under the influence of alcohol alcohol concentration of about 0.03% from the 1.9km section of approximately 1.9km to the underground parking lot of the apartment E-dong of the same Gu, from the roads adjacent to the C, Young-gu, Young-gu, Young-si, Gidong, Gidong, Gi-gu, 2020 to D apartment E-dong.

2. Determination

A. Although the gist of the defendant's and his defense counsel's assertion is the fact that the defendant driven a alcohol while drinking, there is no clear evidence to acknowledge that the defendant breath alcohol (1,00ml) was drinking, and some of the alcoholic beverages that the defendant breathing was drinking at the time when the defendant started drinking breath after the blood alcohol concentration was the maximum level, so it cannot be readily concluded that the blood alcohol concentration at the time when the defendant actually driven exceeded 0.03%, which is the punishment standard.

B. The blood alcohol concentration at the time of driving can be presumed as a result of calculation based on a veterinary method using the so-called offmark, unless it is possible to measure the blood alcohol concentration by examining the driver’s blood, respiratory and other samples immediately after driving.

However, the method of presumption of blood alcohol concentration in accordance with the Badmark formula has parts concerning the highest blood alcohol concentration due to the absorption and distribution of alcohol and the decomposition and extinguishment due to the lapse of time. Among these parts, the highest blood alcohol concentration may affect the results of the measurement rate of alcohol influence, sex, rain, age, height, body body, body body, race, region, wind, wind, and age, etc. as well as the kind of drinking alcohol, drinking speed, and the degree of food that is disguised at the time of drinking. In the case of the decomposition and extinction of alcohol, the degree of normal drinking, body quality, drinking speed, degree of physical activities after drinking, etc., other basic materials necessary for the application of the above formula, such as those necessary for the application of the formula, such as the degree of normal alcohol, the degree of alcohol, drinking speed, degree of physical activities after drinking, etc., may affect the degree of alcohol decomposition per hour.