The defendant shall announce the reasons for the judgment of innocence.

1. The Defendant in the facts charged is a person driving a “C”-Wood vehicle.

On November 23, 2014, while under the influence of alcohol of 0.05%, the Defendant driven the said car at a level of about 5 km to the front road in front of the Southern-gu Choho Lake, which is located in the mountain village of Gwangju Mine-gu, and is running the said car at a level of about 5 km to the front road of the Southern-gu Chohode station.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise of the blood alcohol level or the lower time, even if the blood alcohol level measured at the time when the driving was completed and when a considerable time has elapsed, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal standard.

Although there are differences for individuals, the blood alcohol concentration between 30 to 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration has reached the highest level, and 0.08% to 0.03% per hour (average approximately 0.015%) has been reduced by 0.08% (average about 0.015%). If the operation is completed at the time of rise, there is a possibility that the 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). B.

According to the evidence examined as to whether the blood alcohol concentration exceeds 0.05%, the Defendant: (i) from around November 23, 2014 to around 13:30 of the same day, the Defendant drinked in the Ecafeteria located in Gwangju Mine-gu; (ii) around 14:57 of the same day; (iii) around 15:26 of the same day from the time of the measurement of alcohol to the Defendant, the Defendant measured the blood alcohol concentration of the Defendant at around 15:26 of the same day; and (iv) at that time, the blood alcohol concentration of the Defendant was measured at 0.05%.

Considering the following circumstances revealed through the above legal principles and facts, the Defendant’s blood alcohol concentration is not less than 0.05%.