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The defendant shall be innocent.
Reasons
1. On July 2, 2018, the Defendant was under the influence of alcohol with a blood alcohol content of 0.054% at around 23:00 on July 2, 2018, and Cuba CT6 car at the front side of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.
2. Determination
A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.
Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking reaches the highest level, and then reduces about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.
(see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). (B)
Comprehensively taking account of the following circumstances revealed by the record, the evidence submitted by the prosecutor alone is insufficient to deem that the Defendant was under the influence of alcohol with a blood alcohol content exceeding 0.05% at the time of driving.
① From July 2, 2018 to 20:30 on July 2, 2018, the Defendant dump at least five residues by mixing the beer with the beer and the beer with the beer in a restaurant. From then to 22:30, the Defendant dumping the beer by mixing the beer with the beer and the beer for about two hours. As a result of the pulmon measurement conducted at approximately one hour after the end drinking time, the Defendant was measured at 0.054% exceeding 0.05%, which is the standard for punishment for drunk driving under the Road Traffic Act.
(2) From 23:00 to 23:31 on the same day as the Defendant renders a measurement of drinking in light of the period of final drinking by the Defendant.