The defendant shall be innocent.

On May 24, 2019, at around 21:55, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol concentration of about 0.060% in the 1km section from the front of Pyeongtaek-si B to the same Si apartment D-dong parking lot.

2. The judgment of this Court

A. The blood alcohol concentration of this case calculated by the investigative agency of the defendant and his defense counsel by applying the Madmark formula cannot be recognized as disadvantageous to the defendant.

B. Determination 1) The blood alcohol level at the time of driving can be presumed as a result of a veterinary calculation using the Bamark formula. However, for this purpose, strict certification is required on the premise. In particular, in the application of the Bamark figure in order to calculate the maximum blood alcohol level due to the absorption and distribution of alcohol, there is evidence to deem that the physical conditions, etc. of the defendant are suitable for applying a specific figure, or if the Bamark figure is not applied to the most favorable figure among the reliable statistical data already known, it is difficult to deem that the accuracy or objectivity of the measurement result is not secured, and this cannot be easily used as evidence of guilt (see, e.g., Supreme Court Decisions 9Do541, Nov. 10, 200; 208Do531, Aug. 21, 2008). According to the records, the defendant's “dially drinking” in the Mao-gu cafeteria from May 28, 2019 to Mao-gu 30,”

② At around 22:00 on the same day, the Defendant set up a vehicle while driving in a drinking state to the Pyeongtaek-si D-dong parking lot, which is the Defendant’s lodging room, as shown in the facts charged.

③ The Defendant reported the loss of a vehicle to the police because he was unable to memory the place where the Defendant parked the vehicle after drinking the 2 line of H in the vicinity.