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The defendant is innocent.
Reasons
1. Around January 27, 2015, the Defendant, at around 22:05 on the road located in Gyeonggi Pyeong-gun D, driven a Fystton car in the state of under the influence of alcohol alcohol concentration of about 0.061% by starting a section of approximately 1 kilometer from the front of the road located in Gyeonggi Pyeong-gun D to the south of the same gyst century.
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 the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.
Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then reduces about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.
However, even if the blood alcohol concentration between the time of drinking driving and the time of measuring the blood alcohol concentration and the time is seen to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.
In such cases, the issue of whether a person can be deemed to have been above the standard value of punishment even at the time of driving shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances recognized by evidence, such as the time interval between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the situation of the accident, and the circumstances.