The defendant shall be innocent.

1. On February 4, 2017, the Defendant, while under the influence of alcohol level of 0.081% during blood transfusion around 14:40, the Defendant driven at a 1km section from the EM parking lot located in D at the time of Jeju to G in front of G in Jeju.

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 individuals, the blood alcohol concentration between 30 minutes to 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration from 0.08% to 0.03% per hour (average approximately 0.015%) is reduced. If the driving is completed, there is a possibility that the blood alcohol concentration at the time of driving is lower than that at the time of actual measured blood alcohol concentration (see Supreme Court Decision 2013Do8640, Nov. 28, 2013, etc.). According to the records of this case, the Defendant, on February 4, 2017, 1: 200: (a) was set up in the National Assembly of Jeju around February 4, 2017, and the Defendant d'I't d'I't d'I'm of alcohol and the Defendant d't d'm of alcohol until he or she d's d'm of alcohol at the parking lot of 1 to 4 p'.