The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On August 11, 2011, in addition to imprisonment with prison labor for a violation of the Road Traffic Act ( sound driving) in the Gwangju District Court's Seoul District Court's support on August 11, 201, the defendant was sentenced for 6 months and 2 years of suspended execution, on two occasions more of the same criminal records.

【Criminal Facts” around April 27, 2014. Around 20:30% of the blood alcohol concentration, the Defendant driven an EK5 vehicle from the front of the main point of the trade name “D” located in Jeonnam-gun, Jeonnam-gun, to the intersection in the same Eup/Myeon from the front of the main point of the trade name “D” to the intersection in the same Eup/Myeon.

2. Determination

A. In general, the blood alcohol level due to alcohol generally due to the relevant legal principles differs depending on the person’s body quality, the kind of drinking alcohol, the drinking speed, and the degree of food that is disguised at the time of drinking, etc., and the blood alcohol level has reached the highest level between 30 minutes and 90 minutes after ordinary drinking, and later, it is known that the blood alcohol level has gradually decreased from 0.08% to 0.03% (average approximately 0.015%) per hour. However, even according to the above opinion, there is no yet scientific reliable statistical data as to whether the blood alcohol concentration has increased at a certain rate until the blood alcohol concentration reaches the highest level. If the blood alcohol concentration reaches the lower level of the alcohol level, it is possible to apply the reverse acid method in the uppermark formula, but if the blood alcohol concentration has risen at a time to the highest level, it is impossible to confirm the blood alcohol concentration at an official level by using the above dymark decomposition of the blood alcohol concentration.

(See Supreme Court Decision 2001Do1929 Decided July 13, 2001, etc.). However, even if the time interval between the time of operation and the time of measurement of the blood alcohol concentration and the time of measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard due to such circumstance.

In such cases, the punishment standard is also applied at the time of driving.