The defendant shall be innocent.

On April 13, 2014, at around 11:35, the Defendant driven Cpoter cargo at the section of about 1.1 km from the front day of the Mansan-gun, the mine in the inner side of the Jeonnam-gun, in the state of alcohol of 0.062% of the blood alcohol concentration, to the front day of the mountain village in the same area.

Judgment

According to the evidence duly adopted and examined by this court, the defendant driving the above cargo vehicle under drinking around 11:35 of April 13, 2014, the fact that the blood alcohol concentration is 0.05% as a result of the alcohol measurement conducted on the same day, and the time when the defendant finally drinks is 11:00 on the same day.

With regard to this, the prosecutor filed a public prosecution on the premise that the blood alcohol concentration was reduced by 0.08% per hour after the blood alcohol concentration reached the highest value, by regarding 0.062% (=055% + 0.055% + 0.008% x 55/60%) of the same day, which is the blood alcohol concentration at 12:30 days per hour, as the blood alcohol concentration at the time when the defendant was driving.

However, 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 is completed after a considerable time has passed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed during the period of blood alcohol concentration, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration.

(Supreme Court Decision 2014Do3360 Decided June 12, 2014) The difference between the Defendant’s final drinking time and the Defendant’s driving time is merely 35 minutes and the Defendant’s driving time.