The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined.

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is that “the Defendant driven a car under the influence of alcohol of about 0.158% at the section of about 200 meters from the front of the E restaurant located in Daegu Northern-gu, Seoul, around 08:30 on September 22, 2012 to the front of the Multi-U.S. commercial building,” and the applicable provisions of the instant Acts are Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the blood alcohol concentration of at least 0.1% but less than 0.2%).

B. On the grounds indicated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant of the instant charges on the ground that the Defendant’s final drinking point at around 04:30 on September 22, 2012, which is indicated in the report on the circumstantial statement of a drinking driver, cannot be readily concluded, and that the Defendant’s blood alcohol level at around 08:0 on September 22, 2012 or thereafter cannot be ruled out. On the following grounds, the Defendant’s blood alcohol level at around 08:30 on September 22, 2012 at around 09:48 on September 22, 2012 at around 09:48, when the blood alcohol level at the time of driving was 0.1% or more on September 22, 2012.

① Although blood alcohol concentration due to drinking is personalized according to the body quality of the person undergoes the test, the kind of drinking alcohol, the speed of drinking, and the degree of food that is disguised at the time of drinking, it is known that the highest level between 30 minutes and 90 minutes after the drinking has reached the highest level, and thereafter, a decrease of 0.08% to 0.03% per hour.

(2) With respect to the increase of the blood alcohol level per hour until the blood alcohol level reaches the highest level after drinking, there is still no reliable statistical data so scientificly known, and with respect to the result of the measurement of the blood alcohol level conducted by a drunk, the blood alcohol concentration reaches the highest level.