The defendant shall be innocent.

1. On March 9, 2016, the Defendant driven a ck7 passenger vehicle under the influence of alcohol alcohol alcohol 0.054% during blood while under the influence of alcohol alcohol 0.054% from the front of the gymnae gymnasium, which is located in the Ck7 gymnae-dong, in the direction of the Ck7 gymnasium, to the front of the Ck gymnasium in the direction of the Ck-si.

2. In a situation where it is impossible to determine whether the alcohol level at the time of driving alcohol is the point of increase in blood alcohol level or when it is difficult to determine whether the alcohol level at the time of driving, the degree of alcohol concentration among blood measured at the time when the driving is completed, when a considerable time has passed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration from 0.08% to 0.03% per hour (average 0.015%) is reduced by 0.03% per hour. If the driving is completed, if the blood concentration at the time of driving is lower than the blood concentration in actual measured, there is a possibility that the alcohol concentration at the time of driving would be lower than the blood concentration.

According to the records, the following facts are recognized:

① On March 9, 2016, the Defendant drinked alcoholic beverages at a trade name in the same influence of about 04:0 to 04:30 on March 9, 2016 (the notice of the result of driving control is 04:30 on around 04:30 (Investigation Records) on the notification of the result of driving control, and is 04:0 on around 04:0 on the protocol of interrogation of the police suspect against the Defendant).

② The Defendant was driving a motor vehicle on the side of the road from this point to the area near ICT in the direction of the village of the river at a speed from this point. The Defendant was driving a motor vehicle on the side of the road.

③ 한편 같은 날 04:43 경 피고인의 자가용 승용차량이 정차되어 있어 대형사고의 위험이 있다는 112 신고가 이루어져, 이에 경찰관이 현장에 출동하였는데, 갓길에 비상등을 켠 채 시동이 걸려 있는 상태로 정차되어 있는 차량을...