The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) alcohol concentration of 0.128% among the bloods stated in the instant facts charged is a result of a measurement of drinking conducted after about 98 minutes from the time the Defendant driven a drinking; (b) so, at the time of driving, the blood alcohol concentration was in the above blood level.

shall not be deemed to exist.

2. Determination

(a) The interval between the point of time and the point of time of measuring the alcohol concentration in the blood transfusion is likely to increase the blood alcohol concentration at that time;

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the time of actual operation exceeds the standard level of punishment.

shall not be deemed to exist.

In such a case, the punishment level was higher than the standard level at the time of driving.

Whether it can be seen or not shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the interval between driving and measurement, the difference between the value of alcohol level and the standard value of punishment, the hours during which drinking continues, the volume of drinking alcohol, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident (see, e.g., Supreme Court Decision 2014Do3360, Jun. 12, 2014). (b) In this case, in full view of the following circumstances acknowledged by evidence duly adopted and investigated by the lower court, the time difference between the Defendant’s drinking driving time and the blood alcohol level measured by the Defendant, and at that time, it is deemed that the alcohol concentration would increase during blood alcohol level.

Even if the Defendant was under the influence of alcohol above 0.1% in blood, which is at least the standard for punishment, at the time of driving the instant drinking

It is reasonable to view it.

① Finally, on December 6, 2015, the blood alcohol concentration measured around 18:53 on the same day after about 83 minutes from around 17:30 on December 6, 2015, which the Defendant asserted as drinking time, was 0.128% which greatly exceeds 0.1%, which is the penalty standard (the Defendant).