2. Since the blood alcohol concentration after the blood alcohol level changes according to the time flow, in light of the fact that the blood alcohol concentration which forms the basis for criminal punishment for a drunk driving ought to be the blood alcohol concentration at the time of a drunk driving, in a case where a measurement is conducted after a considerable time has elapsed from the time of a drunk driving, the blood alcohol concentration at the time of a blood alcohol measurement cannot be readily concluded as the blood alcohol concentration at the time of the vehicle driving immediately;

Furthermore, in a case where the time when a drunk driving is conducted falls under the national surface where blood alcohol concentration is risen toward the highest value or belongs to the national surface where he is being raised, it cannot be determined whether the blood alcohol concentration belongs to the highest value after reaching the highest value. Rather, in a case where there is a possibility that the blood alcohol concentration may increase in the national surface where the blood alcohol concentration reaches the highest value, it is not yet scientificly known as to whether the blood alcohol concentration increases in a certain rate per hour until the blood alcohol concentration reaches the highest value, and therefore, it cannot be confirmed that the blood alcohol concentration at the time of drinking driving by applying only the part concerning the decomposition extinguishment due to the time-time lapse of the so-called dmark formula, which was measured after a considerable time from the time when the blood alcohol concentration reaches the highest value.

(See Supreme Court Decision 2006Du15035, Jan. 11, 2007). The following circumstances are as follows: (i) the Defendant discussed the store operation plan from J points of the first week operated by the Defendant to J points of the first week from 05:30 to 6:30, and then discussed the store operation plan.