Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.

1. The summary of the facts charged in the instant case is a person engaging in driving a B-learning passenger car.

On December 29, 2012, the Defendant driven the said vehicle while under the influence of alcohol 0.056% of alcohol level around 04:35 on December 29, 2012, and was in the direct direction of the cheon-gu Seoul, Songpa-gu to the direction of the cheon-gu distance from the boundary of the monet.

In such cases, the driver has a duty of care to live well in the front and rear left and secure safety distance to prevent accidents.

Nevertheless, the Defendant, while neglecting alcohol, found the DNA K5 taxi vehicles driven by the victim C in the front direction of the Defendant at the time when the Defendant was negligent in neglecting this, and immediately parked in the signal atmosphere, but failed to do so, led the back part of the damaged vehicle to the front part of the Defendant vehicle.

In this way, the defendant suffered from the injury of c and the victim E, who is the Dong passenger of the victim C and the victim vehicle, for about two weeks of medical treatment, such as c and spatitis, respectively.

2. Reviewing the determination on the violation of the Road Traffic Act (driving) and the record reveals that the Defendant is driving at around 04:35, which was 65 minutes after December 29, 2012, the final drinking time from around 03:30 on December 29, 2012.

At around 04:55, which caused the instant traffic accident and 20 minutes thereafter, it was revealed that the blood alcohol concentration was measured by the respiratory alcohol measuring instrument at around 04:055, and that the numerical value was 0.056%. However, there was no data to know the Defendant’s blood alcohol concentration at the time of driving.

Meanwhile, blood alcohol concentration is personalized depending on the person's body quality, the type of drinking alcohol, the speed of drinking, and the degree of food that is disguised at the time of drinking. However, the increase continuously after drinking, which led to the highest amount between 30 minutes and 90 minutes, and then 0.03% per hour (average 0.015%) from 0.08% per hour.