2. According to the evidence duly adopted and examined by this court, the defendant's driving of the above vehicle while drinking on June 8, 2014 and the blood alcohol level of 0.05% can be recognized as the result of the alcohol alcohol measurement conducted on June 8, 2014. Meanwhile, in full view of the fact that the time when the defendant calculated the alcohol level at a drinking restaurant is 3:09 on the same day as the time when the defendant's driver's skill was late than the driving point at the drinking restaurant, and that the substitute driver was a substitute driver at the parking lot adjacent to the above restaurant and the driver at the time when the defendant reported the defendant as a drinking driver immediately after the driving, it is presumed that the time when the defendant finally drinking was 2:56 on the same day before the same day.

However, 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 or lower time, even if the blood alcohol concentration measured at the time when the driving is completed after a considerable time has passed, 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 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. If the driving is completed at the time of 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.

(Supreme Court Decision 2014Do3360 Decided June 12, 2014). In addition, it is impossible to accurately prove the Defendant’s final drinking time and the Defendant’s final drinking time, and even before driving.