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

1. The Defendant, at around August 18, 2013, driven a approximately 22 km of the instant facts charged with driving a vehicle with Category C Haststa, a vehicle from the site below the Yari-dong, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 401-10, under the influence of alcohol leveling to 0.054% of alcohol level in blood.

2. The prosecutor asserts that, although the Defendant’s blood alcohol concentration in blood as a result of blood collection was measured at 0.048%, the Defendant’s blood alcohol concentration was measured at 0.048% on August 18, 2013, the Defendant’s completion of drinking at around 19:50 on August 18, 2013 and around 22:16 on the same day until the drinking level was measured at around 22:16 on the same day, during which blood alcohol concentration was lowered, and 50 minutes have passed from the time of the measurement of blood collection at around 23:06 on the same day, the Defendant’s blood alcohol concentration at around 22:16 (08% x 50/60) was above 0.05%, which is the punishment standard under the Road Traffic Act.

If the blood alcohol level at the time of driving can be measured by examining the driver's blood and respiratory samples immediately after driving, not only the case where it is possible to measure the blood alcohol level, but also the blood alcohol level at the time of driving through a veterinary method, using the so-called Hemark formula. However, in case where an official empirical rule, such as science, is used to find out the existence of the constituent elements of the crime, it is required to provide strict proof of individual and specific facts, which are the premise for the application of the rule of law. Meanwhile, in order to estimate the blood alcohol level at the time of driving by adding the blood alcohol concentration measured after a certain time from a specific driving point of time according to the dmark formula and adding the blood alcohol concentration at the time of driving after the decrease in the decomposition of alcohol level at the time of driving.