Of the facts charged in the instant case, the charge of violating the Road Traffic Act is not guilty. Of the facts charged in the instant case.

The acquittal portion

1. On May 17, 2018, the Defendant, among the facts charged in the instant case, driven a D-wing and freight vehicle at the two-lane in front C in front of C, while under the influence of alcohol with a maximum of 0.05% alcohol level among the blood transfusion around 14:10 on May 17, 2018.

2. Determination

(a) In a situation where it is impossible to determine whether the alcohol level at the time of driving under the influence of alcohol is the point at which alcohol level has risen during blood, the alcohol concentration among blood measured at the time when the driving was completed at a considerable time has exceeded the punishment threshold;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008 and 0.03% per hour (average approximately 0.015%) is reduced by 0.08% per hour. If the driving is completed, if the blood alcohol concentration is in the period of increase in the blood alcohol concentration, it is likely that the blood alcohol concentration at the time of driving is lower than the blood content actually measured (see, e.g., Supreme Court Decision 2014Do3360, Jun. 12, 2014).

1) The Defendant made a statement at an investigative agency to the effect that the Defendant drank 1 soldier in the Fusst in South Shyang-gun E, who had been drank her degree of brea, and her 1/3 of them remains in sick.

The State driver’s circumstantial statement is also written on the part of “the kind of alcohol and the amount of drinking alcohol” as “the amount of alcohol 200”.

2) According to the Defendant’s last statement of the results of the Defendant’s report on detection of a driver driving at the time of drinking or the inquiry of the results of crackdown on driving alcohol, the Defendant’s final drinking time and time of drinking is “13:00 on May 17, 2018” (the Defendant’s final drinking time in the application for formal trial is 13:30 on the date of final drinking.