The defendant shall be innocent.

On November 9, 2012, at around 22:30, the Defendant driven C wre car while under the influence of alcohol of about 1m alcohol concentration of about 0.216% on the roads of approximately 5m, Nam-gu, Incheon Metropolitan City 921.

The defendant and his defense counsel asserted that the defendant's defendant and his defense counsel stated to the effect that "the defendant driven a vehicle of about 1m with a beer's disease, but thereafter, the defendant's defendant and his defense counsel received a summons notice from the police during the process of taking part of 3 illness of 5 Maerriju and 5 Maerriju, leaving the police station to take a respiratory level, so the blood alcohol concentration level as stated in the above facts charged cannot be acknowledged."

Judgment

We examine the defendant's argument ex officio prior to judgment.

The blood alcohol concentration due to the relevant legal principles of alcohol differs depending on the body quality of the person under examination, the kind of alcohol under influence, the speed of alcohol, and the degree of food that is disguised at the time of drinking. In other words, it is known that the blood alcohol concentration between 30 minutes and 90 minutes after the ordinary alcohol drinking has reached the highest level, and then, the blood alcohol concentration is gradually decreased by approximately 0.08% per hour to 0.03% (average approximately 0.015%). In other words, it is known that the blood alcohol concentration is ordinarily reduced by the above rate after the highest level of alcohol has reached the highest level of alcohol, but there is no scientific indication as to what ratio has reached until the highest level of alcohol reaches the highest level.

Therefore, in a situation where it is impossible to determine whether the Defendant’s blood alcohol level is an increase in blood alcohol level or lower time, it cannot be readily concluded that the blood alcohol level at the time of drinking operation exceeds the punishment standard level on the ground that the blood alcohol level calculated by adding a decrease in blood alcohol level to the ex post facto measured values exceeds the punishment standard (see, e.g., Supreme Court Decisions 2001Do1929, Jul. 13, 2001; 2008Do4704, Aug. 21, 2008).