Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.

Punishment of the crime

Parts of innocence

1. The Defendant, at around 22:46 September 10, 2013, driven a motor vehicle of 10:05% or more of the blood alcohol content, and driven a motor vehicle of Mau Shu-gun in front of a restaurant in Da, Jeonnam-gun, Jeonnam-gun, with the driving of the motor vehicle of 0.05% or more of the alcohol content on the center of the city.

2. In a case where it is difficult to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol belongs to the national plane where the blood alcohol concentration at the time of driving under the influence of the highest level or belongs to the national plane where the blood alcohol concentration at the highest level reaches the highest level, and rather, in a case where there is a possibility that the blood alcohol concentration at the national plane where the blood alcohol concentration is increased after a considerable time from the time of driving under the influence of alcohol, only the part on decomposition extinguishment after the lapse of time from the blood alcohol concentration at the time of driving under the so-called dmark formula (Hmark 2), which is applied on the basis of the blood alcohol concentration at the time of measuring the blood alcohol concentration at the time of driving under the influence of the alcohol cannot be confirmed (see, e.g., Supreme Court Decision 2006Du15035, Jan. 11, 207). However, it cannot be said that the blood alcohol concentration at the time of driving under the general scientific view that is gradually known to 0% after the reduction of alcohol by the person, the average rate of alcohol rate between 0% and 0%.

Meanwhile, even if there is an interval between the point of time and the point of time of measuring the blood alcohol concentration and that time seems to increase the blood alcohol concentration, such circumstance alone alone makes the penalty standard for the blood alcohol concentration at the actual time of driving.