The defendant shall be innocent.

1. The summary of the facts charged in the instant case was around 04:26 on May 15, 201, the Defendant driven a CK5 vehicle under the influence of alcohol level of 0.050% while under the influence of alcohol level of 0.050% at around the front of the Gidong Gi-dong Sungdong Hospital in Gangdong-dong, Gangdong-gu, Seoul, up to about 2km-ro 16:30 Gao-ro 16.

2. Determination

A. Although alcohol content in blood due to drinking has a little number of individuals, it has reached the highest value after 30-90 minutes have elapsed since drinking, and later, it is known that the amount of approximately 0.08% to 0.03% per hour (average approximately 0.015%) has gradually decreased.

However, with respect to the increase of alcohol content per hour until the alcohol content reaches the highest level after drinking, the amount of increase cannot be calculated on the ground that there is no information from the research or investigation to the point of time, and there is no data about it.

Therefore, in a case where it is impossible to determine whether the alcohol concentration in blood belongs to a situation in which the alcohol concentration in blood is being raised toward the highest value or belongs to a situation in which it is being lowered after reaching the highest value, and where it is unlikely that the situation of increase is likely to occur, it cannot be confirmed that the blood concentration in blood at the time of driving can not be verified by applying the above dmark formula (see, e.g., Supreme Court Decision 2006215, Jan. 11, 2007). Provided, That the time difference between the driving time and the blood concentration at which the alcohol concentration in blood is measured and the time appears to increase the alcohol concentration in blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual 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 or not is the time interval between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the time during which drinking continues, the amount of drinking, the behavior of the driver at the time of the measurement, and the traffic accident.