The defendant shall be innocent.

1. On July 29, 2018, the Defendant driven the EMW car under the influence of alcohol content of about 0.081% in a section of approximately 250 meters from the 250m section from the studal parking lot of Seongbuk-gu, Seongbuk-gu, Sungnam-si to the D cafeteria located in Sungnam-gu, Sungnam-gu.

2. The blood alcohol level at the time of driving can be presumed as a result of calculation based on a veterinary method, unless it is possible to measure the blood alcohol level by examining the driver's blood or pulmonary sample immediately after driving. However, when the person uses the official experience of science, etc. to find out the existence of the constituent elements of the crime, it requires strict proof of individual and specific facts which are the premise for the application of the rule of law.

In estimating the level of alcohol level in the blood of the driver at the time of driving by using the results of the dmark formula, various factors such as the degree of normal drinking, physical constitution, drinking speed, and the degree of physical activities after drinking may affect the reduced level of alcohol during a time.

Therefore, in the criminal trial that requires proof that the facts charged are true, the average reduced value should not be applied by readily concluding that the defendant is the average person in applying it. If necessary, factors that may affect the blood alcohol concentration with professional knowledge or experience should be determined with the help of a person. If there remain uncertainty in applying the formula and it is disadvantageous to the defendant, the calculation result has probative value to the extent that it will not give a reasonable doubt.

subsection (b) of this section.

According to the records of this case, a police officer at the time of control shall receive 112 report of drinking driving and record the facts charged as the place of control.