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.

Parts of innocence

1. The summary of the facts charged is around 18:38 on August 1, 2013, the Defendant driven a DNA oil station in front of the former Heung-gun, Gung-gun, with a 0.052% alcohol content, at around 0.052% under the influence of alcohol on August 1, 2013.

2. In a case where it is difficult to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol belongs to the national plane where the blood alcohol concentration at the time of driving under the influence of the highest level or belongs to the national plane where the blood alcohol concentration at the highest level reaches the highest level, and rather, in a case where there is a possibility that the blood alcohol concentration at the national plane where the blood alcohol concentration is increased after a considerable time from the time of driving under the influence of alcohol, only the part on decomposition extinguishment after the lapse of time from the blood alcohol concentration at the time of driving under the so-called dmark formula (Hmark 2), which is applied on the basis of the blood alcohol concentration at the time of measuring the blood alcohol concentration at the time of driving under the influence of the alcohol cannot be confirmed (see, e.g., Supreme Court Decision 2006Du15035, Jan. 11, 207). However, it cannot be said that the blood alcohol concentration at the time of driving under the general scientific view that is gradually known to 0% after the reduction of alcohol by the person, the average rate of alcohol rate between 0% and 0%.

Meanwhile, even if there is an interval between the time point of drinking driving and the point of measuring the blood alcohol concentration and that time appears to increase the blood alcohol concentration, such circumstance alone proves that the blood alcohol concentration at the actual time of driving exceeds the penalty standard.