The defendant shall be innocent.

1. The summary of the facts charged in the instant case is indicated as “0:53” in the indictment on December 4, 2013. However, according to evidence, the time for detection of drunk driving is 00:40, and the time for detection of drunk driving is 00:53, so it is apparent that the time for measurement of drinking alcohol is the time for measurement of drinking, and thus, the Defendant’s correction ex officio by deeming the “0:53” of the indictment as the clerical error in 00:40.

While under the influence of alcohol concentration of 0.055%, CM3 automobiles were driven by 200 meters from the nearest road of the main station located in the Nam-gu Incheon Metropolitan City, to the nearest road of the main station located in the Nam-gu, Incheon Metropolitan City, to the nearest road of the Pyeongan Assembly located in the same 468.

2. According to each description of the police interrogation protocol against the Defendant, the police inquiry report on the record of drinking driving control, the statement on the circumstances of drinking drivers, and the notification on the result of drinking driving control, it can be acknowledged that the Defendant, from around 23:00 on December 3, 2013 to around 00:30 on December 4, 2012, the Defendant her drinking alcohol was discovered as drinking alcohol at around 00:40 on December 4, 2013, and the Defendant was discovered as drinking alcohol at around 00:53 on the same day, and the blood alcohol concentration was measured as 0.055% on the same day.

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 an increase in the blood alcohol concentration or at the time of summer, even if the blood alcohol concentration measured at the time when a considerable time has elapsed from the time when the driving was completed exceeds the penalty standard value, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penalty standard value.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average approximately 0.015%) has decreased by 0.08 to 0.03% (average about 0.015%). If the driving is completed at the time of rise, there is a possibility that blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

(See Supreme Court Decision 2013Do6285 Decided October 24, 2013). The foregoing legal doctrine and factual basis are based on the foregoing.