Even if it is based on the defendant's statement in the state of speech and blood at the time of the principal driver's statement, it can be recognized that the defendant was working.

In addition to these circumstances, the Defendant drank alcohol over a long time, and thus, the Defendant was at the time of measuring alcohol consumption due to respiratory and blood collection.

Considering all the circumstances that are difficult to readily conclude, the instant facts charged can be fully convicted.

Nevertheless, the court below erred by misunderstanding the facts and finding the not guilty.

2. Comprehensively taking account of the facts duly adopted by the lower court based on the evidence duly admitted and the evidence duly adopted by the lower court, the Defendant’s time when drinking was completed is 2:57 on January 15, 2016, and the time when driving was completed by the police officer’s control over drinking was 23:10 on the same day to 23:15 on the same day.

After the same day, the Defendant was subject to a measurement of drinking due to respiratory around 23:39 on the same day, and was subject to a measurement of drinking by collecting blood on around 23:59 on the same day.

Therefore, from the time when the defendant completed drinking, the pulmonary alcohol measurement was conducted within 42 minutes at latest, within 62 minutes from the blood collection measurement. From the time when the defendant finished driving, the pulmonary alcohol measurement was conducted after about 24 to 29 minutes, and about 44 to 49 minutes from the blood collection measurement.

Therefore, the evidence submitted by the prosecutor alone is not enough to specifically identify the time when the defendant started drinking, the duration of drinking, the speed of drinking and the accurate amount of drinking.

Although there is a difference for each individual, the alcohol concentration between 30 minutes and 90 minutes after drinking is the highest value.