The defendant shall be innocent.

1. On March 19, 2009, the summary of the facts charged is as follows: (a) at the Seosan Branch of the Daejeon District Court on March 19, 2009, the Defendant has been sentenced to a fine of KRW 500,000 for a crime of violation of road traffic law; and (b) on December 26, 2014, the same court issued a summary order of KRW 5 million for a violation of the same crime and has already been punished twice or more for a crime

Nevertheless, on January 26, 2018, at around 23:17, the Defendant driven a coo vehicle in E in a state of alcohol exceeding 0.05% alcohol level from a restaurant where it is impossible to know the trade name B of the Chungcheongnam-gun, Chungcheongnam-gun at around 50 meters to the roads of the D coffee shop in C.

2. Determination

A. At the time of driving of the instant case, the Defendant’s blood alcohol concentration was at least 0.05%.

It shall not be readily concluded.

B. Although the blood alcohol concentration due to drinking by the relevant legal doctrine has a little number of individuals, it remains at the highest value after the lapse of 30-90 minutes after drinking, and later, it is known that the blood alcohol concentration is gradually decreased by approximately 0.08% to 0.03% per hour (average approximately 0.015%).

However, in a case where it is impossible to determine whether the blood alcohol concentration at the time of driving falls under a situation where the blood alcohol concentration at the time of driving or falls under a situation where it comes down to the highest level and it is difficult to determine whether it falls under a situation where it comes to the highest level, and rather, it is possible to determine whether it comes to a situation where it comes to the highest level, and if there is a possibility that it comes to the situation where it comes to the said rise, only the part pertaining to decomposition extinction following the time limit during which it was measured after a considerable time from the time when it was driven, and only the part pertaining to the blood alcohol concentration at the time when it was measured from the point of time when it was measured, it cannot be confirmed that the blood concentration at the time of driving is measured (see, e.g., Supreme Court Decision 2006Du15035, Jan. 11, 207).

However, such circumstance alone leads to the alcohol concentration at the time of actual operation.