The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On June 18, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on June 18, 2012, and a summary order of KRW 3 million for the same crime in the same court on March 25, 2013, respectively.

Defendant

A, on April 12, 2017, around 23:15, while under the influence of alcohol 0.053% during blood, driven the CMW car at approximately KRW 200 meters from the road in front of the remote distance in the fishery market located in the ordinance of the relevant City/Do to the reputation fright or the front road of the same city.

2. In a situation where it is impossible to determine whether the alcohol level at the time of driving alcohol is the point of increase in blood alcohol level or when it is difficult to determine whether the alcohol level at the time of driving, the degree of alcohol concentration among blood measured at the time when the driving is completed, when a considerable time has passed, has exceeded the punishment standard value.

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.

In light of the following circumstances acknowledged by the records of this case, the point at which the Defendant completed driving and the point at which the Defendant conducted the measurement of alcohol is considered to have ever 90 minutes passed from the point at which all alcohol was finished (23:00 in favor of the Defendant) and the point at which the Defendant finished drinking (22:0 in favor of the Defendant).

Therefore, it is predicted that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration in the actual measured blood, and the blood alcohol concentration at the time of driving is 0.053% and the blood alcohol concentration at the time of measuring is 0.053%.