The defendant shall be innocent.

1. On November 07, 2017, the Defendant driven a c food car volume of approximately 300 meters under the state of alcohol alcohol concentration of 0.134% at the second-story apartment parking lot located in 22-day, 976, a 109-8 Hanwon-gu, Suwon-si, Suwon-si, Suwon-si, 109-8, the 109-8 Hanwon-gu, the Hanwon-si, the 22-day, the 20-day, the 30-day, the 196-day, the 20-day, the 3

2. Determination

A. The record of this case reveals the following facts: (a) the point at which the Defendant’s driving end is 00:40 on the day of this case and the point at which the breath measurement through the respiratory measuring device is 01:11; (b) the point at which the breath measurement through blood collection is conducted by around 01:36; (c) the breath alcohol concentration is 0.052% in blood; and (d) the blood collection result shows that the breath alcohol concentration is 0.134% in blood.

B. Comprehensively taking account of the following circumstances revealed by the above fact-finding, the evidence presented by the prosecutor alone is insufficient to acknowledge that the Defendant was under the influence of alcohol 0.134% at the time of the instant case or under the influence of alcohol at least 0.05%, and there is no other evidence to acknowledge otherwise.

① The Defendant stated that the final date and time of drinking was around 23:00 on November 6, 2017, but there is no objective data to support the statement.

On the other hand, the notice of the result of the drinking driving control submitted by the prosecutor is written as "the date and time of the last drinking is 00:16 on November 7, 2017".

In ordinary, the date and time of notification of the result of the control of drinking driving is written on the basis of the defendant's statement at the time when the control is conducted, and the defendant appears to be able to perceive the time when the last drinking was done after the lapse of the time when the last drinking was done, and if the last drinking time falls under the lower part of the blood concentration (90 minutes) on November 6, 2017, such as the defendant's statement, both the time when the rebrea measurement was conducted and the time when blood was collected, all of the blood collection results fall under the lower part of the blood content (90 minutes). In light of the fact that the blood collection result did not explain the reason that much rise compared to the result of the repulmonation, the last date of drinking is deemed around 0:16, November 7