The defendant shall be innocent.

1. On April 24, 2017, at around 01:30, the Defendant driven a car with the E windowsle in the state of alcohol alcohol concentration of approximately 0.050% from the 1km section to D’s front road located in the Namyang-si located in the southyang-si located in the 5-13-lane from the Namyang-si, Namyang-si.

2. In the circumstances where it is impossible to determine whether the blood alcohol concentration at the time of the driving of the drinking, or whether the blood alcohol concentration at the time of the driving of the drinking has risen from the standard values for punishment, among blood measured at the time when the driving was completed, the blood alcohol concentration at the time of the completion of the driving was remarkably exceeded the standard values;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood concentration.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be determined in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the continuous time and quantity of drinking, the driver's behavior level at the time of the crackdown and measurement, and the situation of the accident, if there is a traffic accident, etc.