Judgment

In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the relevant legal doctrine is the rise of the blood alcohol level or the downwater point, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the penalty standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the punishment standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average 0.015%) has decreased by 0.08 to 0.03% (average 0.015%). If the driving is completed during the period of the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

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

In such cases, whether a person can be deemed to have been above the standard level of punishment even at the time of driving shall 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 driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the degree of traffic accident, the circumstance of the accident, and the circumstances.

Supreme Court Decision 201No. 12 Decided June 12, 2014