The defendant shall be innocent.

1. On December 18, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Jeonju District Court on December 18, 2008, and three million won by the same court on March 23, 2009, respectively.

On August 7, 2018, at around 20:55, the Defendant driven a car with a F window at approximately 0.050% alcohol level from the front of the “C” restaurant in Kim Jong-si B to the front of the Escopian conference located in D in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

2. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise point or lower point of time, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the penalty standard.

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

According to the records of this case, ① the Defendant was driving in the restaurant “C” located in Kim Jong-si from August 7, 2018 to around 20:45, and ② the Defendant started driving on August 7, 2018; ② the Defendant was driving on the front of the New Fung-dong, Kim Jong-dong on August 7, 2018; ③ the blood alcohol concentration measured by 0.05% as a result of the respiratory measurement on August 7, 2018; ④ the investigation report.