2. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise time of blood alcohol level, or when it is difficult to determine whether the blood alcohol level at the time of driving under the influence of alcohol level, even if the blood alcohol level measured at the time when a considerable time has passed since the completion of driving, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the punishment standard level.

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

According to the evidence duly admitted and examined by the court below, the defendant spawn vehicle (hereinafter “instant vehicle”) with drinking alcohol at his own house on July 4, 2014 at around 12:30, and driving the C-Wn vehicle at his own house at around 12:57 on the same day, and, at around 12:57 on the same day, driving the C-Wn vehicle at both sides of the wife population at the south-hn-si level, she pusheded the central line and caused a traffic accident leading to shocking the K-Wnton vehicle at the center, which was in the signal atmosphere at the center. The police officer sent to the site and was aware that the defendant her drinking alcohol was drunk at around 13:10 on the same day and voluntarily accompanied the defendant by the M-Wn unit on around 13:35 on the same day, the defendant measured the blood alcohol concentration of the defendant as 0.05% on the same day, and the above traffic accident caused three to three months.