The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On February 17, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving of alcohol) in the support for the development of the water source method and source, and on April 11, 2017, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving of alcohol).

Although there was a history of violating the provision prohibiting drinking driving twice or more as above, the Defendant driven D SM6 car under the influence of alcohol leveling 0.053% in the 7km section from around 7km to the 1st permanent resident status of 0.053% in blood alcohol level, from November 17, 2017, around 00:50 to the village-based 323-ro, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

2. Determination

A. Under the circumstances where it is impossible to determine whether the point of time of driving alcohol is the point of time of increase in alcohol concentration in blood, the alcohol concentration in blood measured at the time when a considerable time has passed since the driving was completed and the punishment standard was somewhat exceeded.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value 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 has reached the highest level, and thereafter, it is generally known that about 0.08% to 0.03% per hour (average 0.015%) is reduced by 0.03% (average 0.015%). If the driving is completed, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration at the time of actual measurement.

However, even if there is an interval between the driving point and the blood alcohol concentration measurement point, and the time seems to increase the alcohol concentration during blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the actual time of operation exceeds the standard value of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen is time and measured between driving and measuring.