The defendant shall be innocent.

1. The Defendant, at the Daejeon District Court on November 30, 2007, driven a vehicle under the influence of alcohol of 0.057% in the blood alcohol level on May 21, 201, while driving a vehicle under the influence of alcohol on at least two occasions, such as receiving a summary order of a fine of one million won for the same crime at the same court on May 28, 2014. On May 21, 2017, the Defendant driven a vehicle under the influence of alcohol level of 0.057% in the blood alcohol level on the C front of the Daejeon District Court, Daejeon District Court.

2. Determination

A. On May 21, 2017, the Defendant and his defense counsel asserted that the alcohol content was 0.057% at the time of the blood alcohol measurement on May 21, 2017, when the alcohol content was 0.057% higher from the blood at the time, and as such, the degree of the blood alcohol content permitted by the law was merely that the Defendant’s evidence submitted by the prosecutor was 0.05% or more from the blood alcohol content at the time of the Defendant’s driving.

It shall not be readily concluded.

B. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is an increase in alcohol concentration in blood, the alcohol concentration in blood measured at the time when the driving was completed at a considerable time from the time when the driving was completed has exceeded the punishment standard value.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest value, and thereafter, it is generally known that the blood alcohol concentration from 0.08% to 0.03% per hour (average approximately 0.015%) has been reduced by 0.03% per hour, and if the driving is completed, the alcohol concentration among the blood actually measured is likely to be lower.

Although there is an interval between the time of driving and the time of measuring the alcohol concentration during blood, and at that time, the alcohol concentration in blood seems to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

3.2