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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On May 7, 2017, the Defendant: (a) driven a C rocketing car under the influence of alcohol with approximately 30 meters alcohol concentration of 0.058% from the 30-meter section from the front of a restaurant in the east-si, east-si, which is located in the east-si Ordinance of the relevant Sincheon-si to the front of the west-si.
2. In a situation where it is impossible to determine whether the alcohol level at the time of driving alcohol is the point of increase in blood alcohol level or when it is difficult to determine whether the alcohol level at the time of driving, the degree of alcohol concentration among blood measured at the time when the driving is completed, when a considerable time has passed, has exceeded the punishment standard value.
Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.
It shall not be readily concluded.
Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood concentration.
According to the records of this case, the Defendant drank her friend and drinking in a restaurant that is located in the east of east of 22:59 on May 7, 2017 (the point of view printed on the receipt submitted by the Defendant) and the Defendant 3 remaining after drinking (the drinking amount is consistently stated from the point of time when the Defendant was under influence on drinking to this court) and the Defendant her driving until the point of control by police officers around 23:02 on the same day. On the same day, the Defendant her driving was conducted by around 23:2 on the same day, and was measured by the police at around 23:22 on the same day, and was measured by 0.058% on the blood alcohol level.
In light of this point, the time when the defendant's driving ends is the time when three minutes elapsed from the time when the drinking ends, and the time when the drinking is measured, ends the drinking.