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

1. On April 5, 2019, at around 21:25, the Defendant: (a) driven a Drocketing car under the influence of alcohol concentration of 0.065% at a section of about 30 meters from the front of the window B of Changwon-si to the front of the same Gu C.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise in the blood alcohol level or the lower time, even if the blood alcohol level measured at the time when a considerable time has elapsed since the completion of driving, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the penal standard.

Although there are differences for individuals, blood alcohol concentration between 30 to 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 30 to 30 minutes after drinking has reached the highest level, and 0.08 to 0.03% per hour (average 0.015%) has decreased. If the driving is in the rise season, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

However, even if there is an interval between the driving point and the point of the blood alcohol concentration and the point of the side of the blood alcohol concentration and the time seems to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the actual driving point exceeds the punishment standard.

In such cases, comprehensively taking into account various circumstances acknowledged by evidence, such as the situation of the accident, circumstance, etc., when considering the distance between the driving and the measurement, the difference between the measured blood alcohol concentration and the standard value for punishment, the continuous time and the volume of drinking, the driver’s behavior level at the time of the measurement, and the situation acknowledged by evidence, such as the situation of the accident and the circumstance.