Of the facts charged in this case, the violation of the Road Traffic Act shall be acquitted. Of the facts charged in this case, traffic accident shall be handled.

The acquittal portion

1. On May 18, 2012, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol content of about 700 meters in light of the 20:20 meters of the 700-meter section in the Mayang-gun, Yangyang-gun, Yangyang-gun, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol content of 0.0

2. According to the records, the Defendant stated in the police that “the Defendant breath 2 to 19:00 on the day of the instant accident” that “the Defendant her breath 2 residues,” and the Defendant paid an accident that he she gets driven by D while driving the above cargo around 20:20 on the day of the instant case, and that the blood alcohol concentration was confirmed to be 0.042% on the day of the instant accident. The Defendant’s blood alcohol concentration was confirmed to be 0.042% on the day of the instant accident. The prosecutor considered that the Defendant’s blood alcohol concentration was 90 minutes from the final drinking time of the instant accident as the highest time of blood alcohol concentration. The prosecutor presumed that the blood alcohol concentration reduced from the above highest time of the accident to the said accident was 0.015% on the premise that the blood alcohol concentration decreased by the above breath 0.042% on the day of the instant accident, thereby adding 0.015% to the blood alcohol concentration of the Defendant at the time of the accident.

On the other hand, according to the general medical view, the blood alcohol concentration caused by drinking is different for each individual depending on the body quality of the person under alcohol, the type of drinking alcohol, the drinking speed, and the degree of food that is disguised at the time of drinking, and it is known that the blood alcohol concentration from 30 minutes to 90 minutes after the ordinary drinking has reached the highest level, and thereafter, the blood alcohol concentration has gradually decreased from 0.08% to 0.03% per hour (average approximately 0.015%).

However, if the blood alcohol concentration of which 90 minutes have elapsed since the time of the final drinking was applied most favorable to the defendant, and the blood alcohol concentration of the defendant was 0.008% at the time of the accident, and presumed that the blood alcohol concentration of the defendant was 0.008% at the time of the accident, the blood alcohol concentration of the defendant is 0.057% at around 20:30 on the day of the accident. The time of the accident is 10 minutes before the accident, which is the blood alcohol concentration toward the highest value.