The defendant shall be innocent.

1. The facts charged in this case

A. On February 2, 2007, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Northern District Court on the grounds of a violation of road traffic law (driving), etc. on May 26, 201, and a fine of KRW 5 million by the same court on May 26, 2011, and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and a violation of road traffic law (driving of alcohol).

B. On January 15, 2016, the Defendant driven a E-ray car from the front side of D located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, to the same 398 front road, while under the influence of alcohol content of 0.051% (0.068% of alcohol content during blood transfusion at the time of collecting blood) during blood around 23:34, 2016.

As a result, the Defendant was punished for not less than twice due to drinking, but was driving a motor vehicle under the influence of re-driving.

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 value, and thereafter, it is generally known that about 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 concentration, it is likely that the alcohol concentration at the time of driving would be lower than the alcohol concentration.

However, if there is an interval between the time of driving and the time of measuring the alcohol concentration during blood and the time of 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 cases, driving.