beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case, despite the fact that the Defendant had been punished twice due to the violation of the Road Traffic Act, the Defendant started from the front door of the Ulsan-dong, Ulsan-do, Ulsan-dong funeral hall on January 6, 2016 and driven C Ecoo-gu car under the influence of alcohol with approximately 200 meters of alcohol level 0.051% of alcohol level in front of the summer-dong, Ulsan-do.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is insufficient to deem that the Defendant was proven without reasonable doubt that the blood alcohol level at the time of driving was 0.05% or more as stated in the facts charged, and there is no other evidence to acknowledge otherwise.
(1) The Defendant appears to have drinking from January 6, 2016 to 21:00 to 21:10 on the same day.
Although the time of detection by the defendant is unclear, it is presumed that the time is between 21:05 and 21:27 on the same day.
The hours of drinking measurement for the accused are 21:40 on the same day.
Sheban alcohol concentration has a difference for each individual, but it is generally known that it has reached the highest level between 30-90 minutes after drinking and there is a decrease of approximately 0.08% to 0.03% per hour (average approximately 0.015%).
Secondly, even if the last drinking time is 21:00, 40 minutes have elapsed from that time until the measurement of alcohol, and even if based on the first drinking time, 70 minutes have passed until the measurement of alcohol. Thus, there is a time interval between the time when the drinking is conducted and the time when the blood alcohol concentration is measured, and there is a high probability that the blood alcohol concentration might have occurred at that time.
Applicant's blood alcohol concentration by the respiratory measurement is 0.051% and 0.05% which is the standard value of Article 44, Section 1 and Section 4 of the Road Traffic Act.