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 24, 2018, the Defendant: (a) around 20:49 on May 24, 2018, driven BM5 automobiles while under the influence of alcohol with a blood alcohol concentration of 0.072% from around around 3.4 km to the road from the Yongsan-gu Seoul Yongsan-gu Office for the distribution of Seocho-gu in Seoul to the road.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the legal doctrine is an increase in the blood alcohol concentration or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time after the completion of the operation exceeds the penal standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penal standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, it is about 0.08% and 0.03% (average about 0.015%) per hour. If the driving is in the rise season, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

(Supreme Court Decision 2013Do6285 Decided October 24, 2013, etc. (see, e.g., Supreme Court Decision 2013Do6285).

The record reveals the following facts.

① The Defendant dices beer at the head of the family located in Yongsan-gu Seoul Metropolitan Government from May 24, 2018 to 18:00.

In addition, at around 20:20 on the same day, the Defendant’s wife sent a text message to start from the above heading office at around 20:23, and the Defendant’s vehicle was driven at around 20:30 and started from office.

② At around 20:49 on the same day, the Defendant conflict with the victim E (the 68-year-old) drive ahead of the Defendant’s vehicle at the street of distribution height in Seocho-gu Seoul, Seocho-gu.

(3) A victim E reported 112 immediately after an accident and sent out by the police, and the police officer conducted the respiratory test of the defendant at around 21:25 on the same day.