The defendant shall be innocent.

1. The Defendant, around 05:50 on November 13, 2015, driven a DM5 car while under the influence of alcohol exceeding 0.05% of alcohol content at a distance of about 700 meters near the new forest basin of Guro-gu Seoul Metropolitan Government to the front road of the same Gu at approximately 700 meters.

2. In principle, in principle, there exists an interval between the running point of alcohol and the measuring point of the blood alcohol concentration, and both two points are deemed to increase the blood alcohol concentration, or when the driving point is deemed to rise the blood alcohol concentration, and when the blood alcohol concentration measurement point appears to be summer, it cannot be readily concluded that the blood alcohol concentration at the time of driving is above the punishment threshold by applying the blood alcohol concentration reduction rate per hour based on the blood alcohol concentration measured later in the blood alcohol concentration measured later.

However, in such a case, whether a person can be deemed to have been above the standard value of punishment even at the time of driving shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between driving and measurement, difference between the measured volume of alcohol content and the standard value of punishment, continuous time and drinking, the driver’s behavior level at the time of drinking, crackdown and measurement, and the situation of the accident if there is a traffic accident, etc.

(See Supreme Court Decision 2013Do6285 Decided October 24, 2013). The following facts revealed in the process of the records and arguments of the instant case, namely, the Defendant divided 1 soldier’s disease in the restaurant located in E and the New Dok Station on November 13, 2015, and the Defendant completed driving on the same day at around 05:20 on the same day, and the Defendant: (a) was parked on the road; (b) the Defendant took a drinking test by a police officer’s blood driving control around 05:56; (c) the Defendant took a drinking test on the road; (d) the time when a drinking test was taken against the Defendant was conducted by approximately 50 minutes after the drinking ends; and (e) it is recognized that the Defendant fell under the rise.