The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On November 25, 2015, the Defendant, while under the influence of alcohol at around 01:37, driven a coo vehicle at D in the section of approximately 1km from the alcohol house in which it is difficult to identify the name of the scoo-gu in Jeonju-si and the name of the scoo-dong at Jeonju-si during the influence of alcohol at around 0.069%.

2. If a driver’s blood or pulmonary sample is examined immediately after driving his/her vehicle and measurement of alcohol level can be conducted by using the so-called dmark, the degree of alcohol level at the time of driving can be presumed as a result of calculation based on a veterinary method. However, individual and specific facts constituting the premise for the application of the law in order to find out the existence of the elements of the crime requires strict proof. In the case of the above dmark formula, the material for its application requires strict proof. Thus, it is also necessary to recognize such premise. Meanwhile, there are parts concerning the presumption of blood concentration in the above dmark formula, other than the maximum blood concentration caused by the absorption of alcohol distribution, the degree of influence of alcohol level among the blood alcohol level, the degree of influence on the alcohol level, the degree of influence on the alcohol level at which the alcohol level can be changed, the degree of influence on the alcohol level at which the alcohol level at which the alcohol level can be reduced, the degree of influence on the alcohol level at which the alcohol level at which the alcohol level can be reduced, the level of alcohol level at which is not only the maximum alcohol level, and physical weight.