The defendant shall be innocent.

1. The summary of the facts charged in the instant case is a person engaged in driving marina vehicles.

On July 12, 2012, at around 04:02, the Defendant driven a DNA 10km vehicle from the front of the Jongno-gu Seoul Jongno Water Research Institute to the front of the Seoul Jongno Water Research Institute for Residents' Residential Areas (0.086%) in the state of the main alcohol concentration of the blood alcohol concentration of the Defendant at around 04:02.

2. Determination

(a) In a case where it is impossible to measure the blood alcohol concentration as a result of an examination of a driver’s blood, pulmonary and other samples immediately after driving, the blood alcohol concentration at the time of driving may be calculated using the so-called dicmark formula as a result of calculation in a veterinary method and may be used as a reference for conviction;

However, in the case of using empirical rules such as scientific public awareness to find out the existence of the elements of crime, it is required to provide strict proof of individual and specific facts as the premise for applying the rules of law.

In the case of the Badmark formula, the amount of alcohol taken in, drinking time, body weight, etc. are required as data for its application. Therefore, strict proof is required to recognize such premise.

In addition, the estimation method of the blood alcohol concentration according to the Badmark formula is about the part concerning the highest blood alcohol concentration due to the absorption and distribution of alcohol and decomposition and extinguishment due to time elapsed. Of these, the calculation of the highest blood alcohol concentration may have an impact on the result, such as the internal absorption rate, sex, rain, age, extension, body weight, etc. of the taken alcohol. The physical strength of each individual, the types of drinking alcohol, drinking alcohol, drinking speed, and the degree of food that is disguised at drinking, may vary depending on the degree of the highest blood alcohol concentration. In the event of the decomposition and extinguishment of alcohol, the level of normal alcohol alcohol, body quality, drinking speed, drinking speed, and drinking.