The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant obtained a Class 1 driver’s license and drives a taxi. On November 5, 2012, the Defendant driven a Class 3 driver’s license and driving a Class 3 driver’s license under the influence of alcohol at approximately 0.106% of the blood alcohol concentration at the section of about 1.5km from the road front of the Central Transfer Station located in the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do to the rain in front of the same Eup.

2. Determination

A. (i) The presumption method of the blood alcohol concentration according to the above-mark formula has parts concerning the highest blood alcohol concentration due to the absorption and distribution of alcohol and the decomposition and extinguishment due to the passage of time. Among them, the decomposition and extinguishment of alcohol can affect the level of normal alcohol, physical quality, drinking speed, and the degree of physical activities after drinking, in addition to the basic materials necessary for the above formal application of the above formula, such as the degree of normal alcohol, the degree of physical contamination, the degree of physical activities after drinking, etc., may affect the degree of normal alcohol, and there are various factors that may affect the blood alcohol concentration at a specific point after drinking. Thus, barring any special circumstances, it is not readily concluded that the Defendant, as the average person, has the above elements, and it is also necessary to clarify this by evidence.

(See Supreme Court Decision 2005Do6368 Decided November 23, 2006, etc.). In the case where the blood alcohol level at the Sheban driving time belongs to the situation where the blood alcohol level has risen toward the highest level, or it is difficult to determine whether it belongs to the situation where the blood alcohol level has come to the highest level and it is difficult to determine whether it belongs to the situation where it comes to the highest level, and it is possible to increase rather, the blood alcohol level measured after a considerable period of time from the drinking driving time is applied only to the part concerning the decomposition extinguishment due to the lapse of time from the so-called Ramark model, and the point at which the blood alcohol level is measured, is coming back to the point at which the blood alcohol level is measured.