The defendant is innocent.

1. The summary of the facts charged is Defendant A (79 tax and remaining) is a person driving CRab cargo vehicle.

On November 3, 2017, the Defendant driven the 200-meter 100-meter 300-meter 200-meter 200-meter 200-meter from the street near the Sincheon-si, Sincheon-si, Anncheon-si, Anncheon-si, Kim Jong-si, with alcohol content 0.054% (equipment measurement) while under the influence of alcohol during blood transfusion around 15:37.

2. Determination

A. Considering that the time when the defendant's arguments were driven by the defendant is about 15:10 to 15:20, and that the defendant's drinking ends at around 15:00, the defendant was measured at around 15:40,054%, which is an increase in alcohol content during blood.

On the other hand, it is difficult to recognize that the alcohol concentration in blood is not less than 0.05% at the time when the defendant is driving.

B. Determination 1) According to the evidence duly adopted and examined by this court, the defendant was found to have completed the final drinking on November 3, 2017 when he/she performed a mass-wing at around 15:00 (the police interrogation record against the defendant was written on November 3, 2017 when he/she made a statement that he/she would have her drinking at around 20, and according to the inquiry as a result of the control over driving alcohol, the final drinking date was written on November 15:00 on November 3, 2017). ② The defendant was found to have been found to have been found to have been found to have been found to have been measured on November 3, 2017 when he/she was found to have been under the influence of alcohol at around the old-dong, Ycheon-si, Ycheon-si, Ycheon-si, Kim Jong-gu, and the same was measured on November 15, 2017 (the level of alcohol measured on October 4, 2015).

2) However, in a situation where it is impossible to clearly determine whether the alcohol level at the time of drinking is the point of increase or the point of summering, the alcohol concentration in the blood measured at a certain time after the driving was completed has exceeded the punishment standard.

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, 30 minutes to 90 minutes after drinking.