The defendant shall be innocent.

On June 5, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine for the same crime in the same court on February 3, 2017, respectively.

Although the Defendant was punished for drunk driving power as above, on May 3, 2020, at around 07:06, the Defendant driven B K7 car while under the influence of alcohol level of 0.041%, and proceeded with approximately 500 meters from the front side of the D Bank parking lot in Pyeongtaek-si C to Pyeongtaek-si Eel.

2. The judgment of this Court

A. The following facts can be acknowledged by the records of the instant case.

O The starting point of drinking by the defendant is unknown, and the time when drinking by the defendant is finished is 06:40 (the date shall be omitted and marked only by time; hereinafter the same shall apply).

Therefore, it is difficult to find out which the continuous time of drinking is certain.

O The drinking volume of the defendant is 500 weeks a week.

O The running time of drinking by the Defendant is 07:06 (the distance of drinking is about 400 meters, which is a relatively short distance, and the starting time of drinking is presumed to be a similar point at the same time). Therefore, the interval between the running time of drinking and the finishing time of drinking is 26 minutes.

O Drinking testing time is 08:14, so the interval between the end of drinking driving and the time of drinking testing is 68 minutes.

O The blood alcohol concentration at the time of blood alcohol measurement is 0.051%.

B. In light of the following circumstances, even if the Defendant rhymd the horses around 08:10, which was around the breath of the alcohol level measurement, and the Defendant rhymd with a little color, even if he was in a very red state (see, e.g., an investigation report (report on the circumstances of a drinking driver) and evidence records 10 pages). Such fact alone is difficult to recognize that the Defendant’s blood alcohol level at the time of driving under the Road Traffic Act is more than 0.03%, which

1) The blood alcohol concentration formula = (the alcohol content x the internal absorption rate)/ [the body (kg) x the upper mark - the upper mark -.