The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

The main points of appeal are as follows: (a) the Defendant, who misleads the defendant as to the fact that he had completed drinking and had conducted a breath measurement and a blood collection measurement after the lapse of a considerable time from the time of the termination of driving; (b) thus, (c) was under the influence of alcohol at the time of the

It is difficult to readily conclude.

The punishment of the court below (2 years of suspended sentence of 10 months, community service time 160 hours) is too unreasonable.

Judgment

The relevant legal principles cannot determine whether the blood alcohol concentration at the time of driving under the influence of alcohol belongs to a situation where the alcohol concentration at the time of driving under the influence of alcohol towards the highest level or is in a situation where it is difficult to determine whether it belongs to the situation where the alcohol concentration at the time of driving under the influence of alcohol, and if there is a possibility that it would be in a situation where the alcohol concentration at the time of driving under the influence of alcohol, only the part concerning decomposition extinction following the lapse of time in the so-called dmark formula shall apply based on the blood alcohol concentration concentration among blood measured after a considerable time from the time of driving under the influence of alcohol, and cannot determine the alcohol concentration at the time of driving under the influence of alcohol (see Supreme Court Decision 2006Du15035, Jan. 11, 207). However, where there exists an interval between the time of driving under the influence of alcohol and the time of measuring the alcohol concentration at which the alcohol concentration at that time appears to increase the blood 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 value 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 reasonable in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the value of alcohol concentration and the standard value of punishment in measured blood, the continuous time and quantity of drinking, the driver’s behavior level at the time of the crackdown and measurement, and the situation of the accident, if there is a traffic accident, etc.