Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.

Parts of innocence

1. At around 00:25 on May 30, 2013, the Defendant driven a “D” restaurant located in Ansan-si C to the front road in the same city E from May 30, 2013, while under the influence of alcohol of about 0.087% of blood alcohol concentration on the roads of approximately 1km in the same city E.

2. In light of the fact that the blood alcohol concentration, which forms the basis for criminal punishment due to a drunk driving, changes depending on the time’s flow, is the blood alcohol concentration at the time of drunk driving, in a case where the blood alcohol concentration at the time of drunk driving is measured after a considerable time from the time of drunk driving, it cannot be readily concluded that the blood alcohol concentration at the time of blood alcohol measurement is the blood alcohol concentration at the time of vehicle driving.

Furthermore, it is impossible to determine whether the time when a drunk driving is made falls under the national plane where the blood alcohol concentration toward the highest level or belongs to the national side where it is being lowered after reaching the highest level. Rather, in a case where there is a possibility that the blood alcohol concentration may increase in the national side where the blood alcohol concentration reaches the highest level, it is not yet scientificly known as to whether the blood alcohol concentration increases in a certain proportion per hour until the blood alcohol concentration reaches the highest level. Therefore, it is impossible to determine the blood alcohol concentration at the time of drinking driving by applying only the part concerning the decomposition extinguishment due to the time lapse of the so-called mark formula among the blood alcohol concentration measured after a considerable time from the time when the blood alcohol concentration reaches the highest level.

(See Supreme Court Decision 2006Du15035 Decided January 11, 2007). According to the records of this case, the Defendant caused the instant traffic accident at around 00:25, which was 20 minutes after May 30, 2013, which was the final drinking time from around 00:02 to 3:02, which was the final drinking time, and was 00:25, which was 73 minutes thereafter, measured the blood alcohol concentration by the respiratory drinking measuring instrument at around 01:38, the numerical value is 0.087%.