The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. The Defendant in the facts charged of this case is a person driving a Clearning car.

At around 00:26 on June 27, 2013, the Defendant driven the said vehicle from the old world to the old world of the Seocho-gu Seoul, Seocho-gu, Seoul, with approximately 300 meters from the distribution of the said vehicle under the influence of alcohol content of 0.052%.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise point 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 penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for individuals, blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.008% per hour and 0.03% per hour (average approximately 0.015%) is reduced. If the driving is in the rise period, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

However, even if there exists an interval between the time of operation and the time of measurement of the blood alcohol concentration and the time of such measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard on the sole basis of such circumstance.

In such cases, the issue of whether a person can be deemed to have been above the standard value of punishment even at the time of driving shall be determined based on logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between driving and measurement, the difference between the measured volume of alcohol content and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the situation of the accident, the circumstance of the accident, etc.