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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged of the instant case owns C rocketing car.
Around 18:40 on July 18, 2013, while under the influence of alcohol 0.11% of blood alcohol level, the said car driven approximately one kilometer from before the E-office F cafeteria located in Daegu Dong-gu, to the same Gu GGra.
2. According to the evidence duly adopted and examined by this court, the time when the defendant started to drink in an F cafeteria near the E Post Office located in Daegu Dong-gu, Daegu on July 18, 2013 is 17:20, and the time when drinking ends is 18:46, and the time when a witness H reported a drinking driving 112 to a witness is 18:59 (3:26 seconds) and the contents thereof are 18:59, and the defendant parked while driving and entered the house, and the time when the defendant breath measurement was conducted by the defendant is 20:16 and the blood alcohol concentration is 0.11%.
In a situation where it is impossible to determine whether the blood alcohol concentration at the time of drinking driving is the rise or lower time, even if the blood alcohol concentration measured at the time when driving was completed at a considerable time from the time when it was completed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penalty standard.
Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking reaches the highest level, and then reduces about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.
(See Supreme Court Decision 2013Do6285 Decided October 24, 2013). In addition, the Defendant’s driving time appears to be difficult to determine whether it is the point of increase in blood alcohol concentration, and 90 minutes from the time when drinking ends.