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

1. Around 02:35 on August 13, 2016, the Defendant driven a C-A-A-A-A-A-A-A-A-P-A-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise of the blood alcohol level or the lower time, even if the blood alcohol level measured at the time when the driving was completed and at the time when a considerable time has elapsed, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal 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.

(Supreme Court Decision 2013Do6285 Decided October 24, 2013, etc. (see, e.g., Supreme Court Decision 2013Do6285).

In this case, according to the evidence submitted by the prosecutor, the defendant was discovered on August 13, 2016 at around 02:35, and the blood alcohol concentration measured by the respiratory method on August 13, 2016 is 0.053%, and the defendant demanded blood collection upon objection, and the fact that the blood alcohol concentration measured by blood around 02:57 on August 13, 2016 is 0.056%. 2) First, the defendant's blood alcohol concentration is 0.056%.

On August 12, 2016, the written circumstantial statement of a host driver is indicated as around 23:30, while the defendant asserts that this court was around 01:40, August 13, 2016.

On August 12, 2016, 23:30 as of August 23:30, 2016, when the breath test was conducted on August 13, 2016, when the breath test was conducted on August 13, 2016.