On August 9, 2014, at around 15:50, the Defendant driven a C-wing and marri truck under the influence of alcohol leveling 0.056% of blood alcohol level at approximately 300 meters from the parking lot located in the direct branch in the Yancheon-si to the front road of the same city in the same city.

2. According to the police interrogation protocol of the defendant and the report on the statement of the status of the drinking driver, the defendant dices from around 15:00 on August 9, 2014 to around 15:30 on the same day, and driving the above cargo at around 15:50 on the same day, and the above cargo was measured at around 16:0 on the same day.

3. Even if the interval between the time of driving under the influence of alcohol and the time of measuring the blood alcohol concentration, and if that time appears to increase the blood alcohol concentration, such circumstance alone alone does not make it impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment threshold. In such a case, whether it can be seen that the degree of punishment was higher than the punishment threshold at the time of driving should be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between the driving and measurement, the difference between the measured blood alcohol concentration and the punishment threshold, the continuous time and the degree of behavior of the driver at the time of driving under the influence of alcohol, the degree of behavior of the driver at the time of the measurement, the situation of the accident, and the circumstances.

(대법원 2013. 10. 24. 선고 2013도6285 판결 참조). 살피건대, 통상 음주 후 30분∽90분 사이에 혈중알코올농도가 최고치에 이르고 이후 감소하는 것으로 알려져 있고, 피고인은 술을 마시기 시작한 이후 60분 후에...