The accused shall disclose the summary of the judgment of innocence.

1. The summary of the facts charged is that the Defendant was a person who, at the Jeondjin Police Station on March 5, 2012, 0.067% of blood alcohol concentration at the Jeondjin Police Station, and on March 26, 2016 at the Jeondan Police Station on the 0.072% of blood alcohol concentration at the Jeondan Police Station on at least two occasions.

On June 27, 2016, at around 22:12, the Defendant driven a DMW car in the state of alcohol over 0.05% of the blood alcohol content, with a section of approximately KRW 100 meters from the front of the Luxembourg Plin-dong, which is located in the Hysidong, to the front day of the same Sin-dong at the same time.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average 0.015%) has decreased by 0.08 to 0.03% (average 0.015%). If the driving is completed during the period of the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, even if there is an interval between the time and the time of the measurement of the blood alcohol concentration and the time of the measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the actual time of the operation exceeds the punishment standard due to such circumstance.

In such cases, whether the level of punishment was above the level of punishment at the time of driving shall be determined at the interval between the driving and the measurement, the difference between the measured level of blood alcohol concentration and the standard value of punishment, the duration and the amount of drinking continued, the crackdown and the measurement.