The defendant shall be innocent.

1. On April 9, 2007, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on April 9, 2007, and a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Southern District Court on January 29, 2008 and was sentenced to a fine of 2.5 million won for a crime of driving under the influence of alcohol at least twice.

On April 26, 2018, at around 23:00, the Defendant driven CSM 5 automobiles with alcohol content of about 0.056% from the 14k section of alcohol content from the alcohol house near the Songpa-gu Seoul Metropolitan Government 20 diving to the Hanam-si apartment.

2. Determination

(a) In a situation where it is impossible to determine whether the alcohol concentration is the rise point in blood during blood or whether it is the summer point, the alcohol concentration among blood measured at the time when the driving is completed at a considerable time from the time when the driving is completed, has remarkably exceeded the punishment standard value;

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value 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 has reached the highest level, and thereafter, it is generally known that the blood alcohol concentration from 0.08% to 0.03% per hour (average approximately 0.015%) is reduced by 0.03% per hour. If the driving is completed, if the blood alcohol concentration at the time of driving is lower than the actual measured blood content, there is a possibility that the alcohol concentration at the time of driving may be lower than the alcohol concentration.

Of course, the difference between the driving time and the blood alcohol concentration measurement time and the driving time seems to increase the alcohol concentration during blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be the time interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment among the measured blood, and the time during which drinking continues, the amount of drinking, and the amount of drinking.