The defendant shall be innocent.

1. On September 4, 2014, the Defendant, while drunking around 0.056% of the blood alcohol content at around 23:03, the Defendant driven a Crane car at the 6km section of approximately 6km from the streetway in the Ganyang-Eup, Gannam-gu, Seoul, to the front road of the same military gold field, from the street street in the Ganyang-gu, Gannam-gu, Gannam-gu, Seoul, to the original road of the gold scalbane scarburg

2. According to the evidence duly adopted and examined by this court, the Defendant was found to have driven the said car at around 23:03 after the Defendant 3 cans of 355cc car from September 4, 2014 to December 22:40, 201 and 20 minutes of rest. On September 5, 2014, the blood alcohol concentration is 0.056% as a result of the alcohol alcohol measurement conducted by the court.

However, in a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving is completed after a considerable time has passed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed during the period of blood alcohol concentration, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration.

(see, e.g., Supreme Court Decision 2014Do3360, Jun. 12, 2014). Since the Defendant driving the said car after approximately twenty-three minutes from the time of completion of the final drinking, there is sufficient room to deem that it belonged to the increase in the blood alcohol content at the time of the said driving. Moreover, the Defendant’s blood alcohol content measured after the lapse of seventy minutes after the driving was 0.056%, which exceeds the punishment standard value, is 0.05%.