The defendant shall be innocent.

1. On January 25, 2010, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act at the Ulsan District Court on the charges of violating the Road Traffic Act, and on July 18, 2014, the Defendant issued a summary order of KRW 4 million at the Incheon District Court on the charges of violating the Road Traffic Act at the Incheon District Court on the charges of violating the Road Traffic Act, and has the record of drinking more than twice.

On February 25, 2016, the Defendant was under the influence of alcohol level of 0.061% during blood transfusion around 01:16, and the Defendant driven CMF5 car at approximately 20 meters from the front of the convenience store in which the trade name on the south-gu Incheon metropolitan route is unknown to the front of the convenience store in which it is impossible to identify, to the front of 14-31, a 197-hon-ro 197.

2. Determination

A. According to the records, the defendant's final drinking time is as follows.

The final drinking time: 23:5 on February 24, 2016, there is a report on the detection of the driver of the vehicle and a record on the examination of the suspect of the defendant's office, which contains different hours of time as evidence for the defendant's final drinking time.

According to the investigation report (112 Report attached to the report on the case processing table), the report on the accident due to the driving of alcohol by the defendant was received on February 25, 2016 in 00:20.

In this regard, it is difficult to believe that the report on detection of the driver at the above driving is written on February 25, 2016 by the last drinking time on February 25, 2016, and the drinking time is later than the time of an accident due to driving.

Therefore, the time when the defendant drives on February 24, 2016, which was recorded in the suspect interrogation protocol against the defendant, as the time of final drinking on February 25, 2016: around 00:20 on February 25, 2016 (the time of the investigation report (the attachment to the report on the case of 112 report): 0:0:16 around February 25, 2016 (the alcohol concentration of blood alcohol level 0.052% and the situation report on driving at liquor).

B. The Defendant’s blood alcohol concentration due to alcohol concentration at the time of driving differs depending on the body quality of the person undergoes the alcohol, the type of the drinking alcohol, the speed of drinking, and the degree of food that is disguised at the time of drinking. The Defendant’s blood alcohol concentration between 30 minutes and 90 minutes after the driving of the blood is the highest level, and later, about 0.0% per hour.