The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Inasmuch as the difference between the time when the Defendant was driving and the time when the Defendant was measured, the alcohol concentration in the Defendant’s blood was increased at the time of the measurement of alcohol level.

Therefore, it cannot be said that the Defendant’s blood alcohol level reached 0.181% when the Defendant was driving.

B. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and observation of protection) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. As to the assertion of factual misunderstanding, in a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point at which alcohol level has risen during blood, the degree of alcohol level measured at the time when the driving was completed and the punishment standard level has been somewhat exceeded.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

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

However, even if there is an interval between the driving point and the blood alcohol concentration measurement point, and the time seems to increase the alcohol concentration during blood.

Even if such circumstance alone makes it impossible to prove that the alcohol concentration at the actual time of 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 is the difference between the time between driving and the measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood.