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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant was sentenced to a summary order of KRW 2.5 million on Nov. 14, 2006, and a fine of KRW 1.5 million on Apr. 13, 2010, respectively, in the Daegu District Court Kimcheon-cheon Branch of the facts charged, for a violation of the Road Traffic Act (driving of Drinking), and was sentenced to a suspended sentence of two years on Apr. 24, 2013.
Although Defendant had been punished twice or more due to drinking driving as above, Defendant 1 driven a E-free car in the state of alcohol concentration of approximately 0.05% in the 100m section of the blood alcohol level from the front of the D cafeteria located in the Gu-U.S. Si around November 8, 2017 to the agricultural street located in the same Dong, around November 20, 2017.
2. According to the statement of the circumstances of the driver's driver who was duly adopted and investigated by this court, and the inquiry as to the result of the control of drinking driving, it can be acknowledged that the Defendant, on November 8, 2017, driven a motor vehicle from the road in front of the D cafeteria located in the Gu-U.S. City C (S.) on the same day, was controlled by driving a motor vehicle on the front of the G in F at around 20:30 on the same day. On the same day, the Defendant measured the alcohol level of the blood alcohol level by 0.05% and measured the alcohol level by 0.05% on the same day.
Comprehensively taking account of the following circumstances acknowledged by the foregoing factual basis, the Defendant was in a state where the alcohol concentration in the blood transfusion was 0.05% or at least 0.05%, which was 0.05% at the time when the Defendant was under the influence of alcohol driving (hereinafter referred to as the “date”).
It shall not be readily concluded.
① Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.08% and 0.03% (average 0.015%) per hour is reduced. If the driving is completed, if it falls under the rise period, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration at the time of actual measurement.
② From 19:40 to 19:40, the Defendant began to drink with drinking alcohol.
On this issue, the prosecutor made a statement.