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

1. On July 20, 2012, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic law in the Jeonju District Court’s Gunsan Branch, etc., and on September 18, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for the same crime, etc. at the Daejeon District Court’s Daejeon District Court, and completed the execution of the sentence at the branch of the Hongsung Prison’s Seosan Branch on September 19, 2015.

On June 27, 2017, the Defendant driven a Cbee cruise car under the influence of alcohol content of about 0.054% among blood alcohol content at approximately 50 meters from the front of the restaurant where it is impossible to know the trade name located in the Northwest-dong in the Sinsan-si, Sinsan-si, and around 87, the same livety two-lanes.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Determination

A. At the time when the Defendant’s assertion of alcohol was measured by the Defendant and his defense counsel, the degree of increase in alcohol content during blood, and the figure of alcohol measurement measured after the completion of driving (the value exceeding 0.05% in all two parts) was 0.05% or more of alcohol content during blood at the time of driving by the Defendant.

It is difficult to recognize that the defendant was driving alcohol.

shall not be deemed to exist.

B. Determination as to the assertion 1) In a situation where it is impossible to determine whether the alcohol concentration at the time of drinking driving is the point of increase or the point of summer, the alcohol concentration in the blood measured at the time when driving was completed, which was remarkably exceeded the standard of punishment.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value 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 value, and thereafter, it is generally known that the amount of 0.08% or 0.03% (average 0.015%) per hour is reduced. If the time of termination of driving falls during the rise period, it is higher than the alcohol concentration in actual measured blood.