The defendant shall be innocent.

1. Around 00:40 on December 27, 2018, the Defendant driven a B-car owned by the Defendant under the influence of alcohol exceeding 0.05% of alcohol content at a section of approximately two meters from the 2m of parking lot in the Seosan-si, Hasan-si.

2. Determination

A. The blood alcohol concentration at the time of driving can be presumed as a result of calculation based on a veterinary method using the so-called submark formula if it is not possible to measure the blood alcohol concentration by examining the driver’s blood, respiratory and other samples immediately after driving in the driving of alcohol. However, when using the empirical rule, such as scientific formula, in order to find out whether the constituent elements of crime exist or not, it requires strict certification as to individual and specific facts which are the premise for the application of the rule of law.

On the other hand, when estimating the blood alcohol concentration at the time of operation by adding the blood alcohol decomposition content at the time after the time of operation calculated based on the reduced rate due to the decomposition and extinguishment of blood alcohol after a certain time from a specific time from the specific driving point of time using a reverse dmark formula, various factors such as the level of normal alcohol by the examiner, physical quality, drinking speed, and the degree of physical activities after drinking may affect the reduced level of blood alcohol per hour. Thus, it is necessary to prove that a judge is true to the extent that there is no reasonable doubt (see, e.g., Supreme Court Decision 200Do3307, Oct. 24, 2000). If the blood alcohol concentration calculated by the dmark formula does not considerably exceed the standard value permitted by the law, and if it is merely minor, it is necessary to recognize the facts of crime in accordance with the above official figure.

(see, e.g., Supreme Court Decision 2001Do1929, Jul. 13, 2001).