The defendant is innocent.

On November 15, 2012, at around 20:11, the Defendant driven a Fbenz car in the state of alcohol alcohol concentration of about 6 km from the E golf practice range located in Gwangju City, Gwangju to the front road of the Gwangju General Animal Hospital located in the same Si/Gupo-Eup.

Judgment

In order to find out the existence of the elements of crime, in the case of using the empirical rule such as scientific public awareness, it requires strict proof of individual and specific facts, which are the premise for the application of the rule of law. In the case of the Badmark official, the quantity of alcohol taken in as data for the application, drinking time, body weight, etc., so strict proof of such premise facts is required.

Furthermore, the method of presumption of blood alcohol concentration in accordance with the Badmark formula has parts concerning the maximum blood alcohol concentration due to the absorption and distribution of alcohol and decomposition and extinguishment due to the lapse of time. Among them, the calculation of the maximum blood alcohol concentration in a criminal trial may have an impact on the result of the internal absorption rate, sex, rain, age, height, body weight, etc. of the alcohol taken in; depending on the physical quality of each individual, the kind of drinking alcohol, the degree of drinking speed, and the degree of disguised food at the time of drinking, etc. The maximum time to the blood alcohol concentration may vary depending on the degree of normal alcohol, physical quality, drinking speed, and the degree of physical activities after drinking, etc. In order to extinguish the decomposition of alcohol, various elements that may affect the blood alcohol concentration at a certain time after drinking may affect the volume of alcohol decomposition per hour, and the recognition of guilt in a criminal trial need not be proven to be readily reasonable enough to prove that the defendant is guilty in the above facts charged.