The defendant shall be innocent.

1. On February 1, 2016, the Defendant was under the influence of alcohol content of 0.055% during blood transfusion on February 1, 2016, and driving D vehicles at approximately KRW 1km from the negative distance from the offline of the Daejeon Middle-gu Vice-gu to the front road of the Daejeon Middle-gu.

2. Determination

A. The following facts are acknowledged in full view of the Defendant’s legal statement, witness E’s legal statement, the situation report on the driving of the State, the inquiry of the records of crackdown on drinking driving, and the circumstantial records of the driver of the State.

On February 1, 2016, the Defendant 21:00 Gabl 2 malthm until the lapse of the early payment, and driving D vehicles at approximately KRW 1 km from the negative distance from Daejeon Central and Medium-gu Vice-gu to the front of Daejeon Central and Medium-gu C.

On February 1, 2016, the Defendant stopped on the roads in front of Daejeon Daejeon, Daejeon, and was under the influence of alcohol at around 21:39.

As a result of drinking measurement, the alcohol concentration of the defendant's blood was 0.055% measured.

At the time of drinking measurement, the face of the accused was red, and the state of speech and walking condition was improved.

B. Although there are differences in individual decisions, between 30 minutes to 90 minutes after drinking, the blood alcohol concentration has reached the highest level, and thereafter, 0.08% to 0.03% per hour (average approximately 0.015%) has been generally known.

Based on the above-mentioned point of time of the Defendant’s final drinking, the blood alcohol concentration did not belong to the rise season at the time when the Defendant was driven, and there is a possibility that the blood alcohol concentration at the time when the drinking was measured belongs to the rise season (in the inquiry of the result of the control of the driving of alcohol, the point of time of the Defendant’s final drinking is stated 21:09, and 30 minutes have passed since the date of the Defendant’s report on the statement of the circumstances

The first time of drinking was not revealed, but the Defendant did not divide the remaining 2 hours of drinking into several times, and the blood alcohol concentration at the time of drinking measurement as of the first time of drinking.