The defendant shall be innocent.

1. On May 25, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Northern District Court to a fine of KRW 500,00 as a crime of violating the Road Traffic Act, and on June 5, 2009, a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s Dong Branch Branch Branch Branch Branch.

On February 15, 2016, while under the influence of alcohol leveling to 0.050% during blood transfusion, the Defendant driven an E Car within a 1 kilometer section from the D cafeteria parking lot located in Jeju-si to the front of peace parts located in the north of Jeju-si in Jeju-si.

2. Determination

(a) Where the distance between the point of time and the point of time when the alcohol concentration in the blood is measured and the point of time seems to rise the alcohol concentration in the blood;

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

The issue of whether it can be seen ought to be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the interval between driving and measurement, the difference between the alcohol concentration and the standard values for punishment, the hours during which drinking continues, the amount of drinking, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident, etc. (see Supreme Court Decision 2013Do6285, Oct. 24, 2013). (b) According to the records, the police investigation conducted at the D restaurant located in Jeju from around 21:0 to 21:40, Feb. 15, 2016, the Defendant was driving a car by driving the car from the said restaurant to the front of the peaceful part located in the north of Jeju at the time from the said restaurant to the end of the peaceful part located in Jeju.

In the inquiry of the fact that the defendant made a statement, the date and time of the final drinking is around 21:50 on February 15, 2016.