The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of the facts charged

A. On February 4, 2018, the primary Defendant driven a 300-meter 300 metres of Esch Rexroth 300 meters from the front side of the “C” located in Songpa-gu Seoul Metropolitan Government to the roads located in the same Gu, while under the influence of alcohol content of 0.172%.

B. The Defendant alleged in the conjunctive charge above.

Before being drunk with a blood alcohol concentration of at least 0.05% at the time, date, time, and place described in paragraph (1) above.

The vehicle described in the subsection has been driven.

2. The blood alcohol level at the time of driving can be presumed as a result of calculation based on a veterinary method using the so-called offmark if it is not possible to measure the blood alcohol level by examining the driver's blood, pulmonary and other samples immediately after driving. However, in the event that the person uses the empirical rule, such as scientific formula, to find out whether the constituent elements of the crime exist or not, it requires strict certification as to individual and specific facts which are the premise for the application of the rule of law.

In the case of the Badmark formula, the quantity, drinking time, body weight, etc. of alcohol taken in as data for its application are required. Therefore, strict proof is required to recognize such premise.

(See Supreme Court Decision 9Do128 delivered on June 27, 2000). Furthermore, the method of estimating the blood alcohol concentration according to the Badmark formula is about the part concerning the highest blood alcohol concentration due to the absorption and distribution of alcohol and decomposition and extinguishment due to the lapse of time, and among which, in calculating the highest blood alcohol concentration, it may have an impact on the result of the calculation of the blood alcohol concentration. The time leading to the highest blood alcohol concentration by each individual depending on the body quality, the kind of drinking alcohol, the degree of drinking alcohol alcohol, the degree of food that is disguised at drinking, and the degree of decomposition and extinguishment of alcohol.