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 December 23, 2017, the Defendant driven the said cargo vehicle under the influence of alcohol content of about 0.053% from a 200-meter section from the front of the Kimpo-si Building to the front of the Seo-gu Incheon Western-si road.

2. Determination

A. The defendant's final music time, etc. known through the records are as follows:

The final drinking time: around 00:30 on December 23, 2017 [the time when the defendant and his/her defense counsel stated on the final drinking time as stated in the Report on the Control of Drinking Driving (No. 3-1) denies its content in this court, and thus, it is not admissible as it denies. Other D testified to the effect that the drinking time recorded with the defendant goes beyond 12:0 p.m., it is difficult to accurately understand the defendant's final drinking time, and there is no other data to know the defendant's final drinking time. Accordingly, on December 23, 2017, the time when the defendant and his/her defense counsel have driven a vehicle whose final drinking time is recognized as the defendant's final drinking time during the seventh trial: around 00:5 [the report on the occurrence of a traffic accident (No. 3)] on December 23, 2017, the brea measurement of alcohol level at around 137:50 percent (no. 50-31%) of alcohol alcohol level

B. The blood alcohol concentration due to the blood alcohol concentration at the time of driving by the Defendant differs depending on the person’s body quality, the kind of drinking alcohol, the speed of drinking, and the degree of food that is disguised at the time of drinking. Since the blood alcohol concentration between 30 minutes and 90 minutes after ordinary drinking reached the highest level, it is generally known that the blood alcohol concentration at the time has gradually decreased by about 0.08% to 0.03% (average about 0.015%) per hour. Meanwhile, it is widely known that the blood alcohol concentration at the highest level has been sharply increased and reached the highest level, but until the highest level reaches the highest level.