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.

The acquittal portion

1. On August 5, 201, the Defendant was issued a summary order of KRW 1,200,000 as a fine for a violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court as of August 5, 201.

On October 5, 2019, around 22:33, the Defendant driven a C rocketing car (hereinafter “instant vehicle”) under the influence of alcohol at approximately 1 0.032% of alcohol content from the 1km section of approximately 1 km to the Mabban-ro, 116 Emban-ro, Goyang-si, Mangsan-si.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is higher or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penal standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penal standard.

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

In addition, as to the increase of blood alcohol content after drinking until it reaches the highest level of alcohol, there is no yet scientific indication as to the increase of the rate per hour, so it cannot be calculated.

Meanwhile, even if the distance between the time of driving and the time of measuring the blood alcohol concentration and that time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed as insufficient to prove that the blood alcohol concentration at the actual time exceeds the punishment standard.

In such cases, driving.