The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (misunderstanding of facts and legal principles) is as follows: (a) the Defendant was in the state of raising alcohol concentration in blood at the time of measuring alcohol; (b) so, the alcohol concentration in the blood at the time of driving is lower than 0.104% as a result of the measurement; and (c) the Defendant’s blood concentration in the blood of 1/2 C of alcohol so that the Defendant’s blood content in the blood of 0.035% or 0.058% can be presumed to be 0.104% as determined by the lower court, and the Defendant’s blood content in the blood of 0.104% as determined by the lower court was due to the violation of the

Judgment

On December 19, 2016, the Defendant was under the influence of alcohol content of 0.104% in blood around 22:35 on December 19, 2016, and was driving C-Adi vehicle from the HC parking lot in Gangnam-gu Seoul Special Metropolitan City (Seoul), to approximately 163 30 meters in front of 163 Doo-ro.

In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal principles is the point of increase in alcohol concentration in blood, the alcohol concentration in blood measured at the time when the driving was completed at a considerable time from the time when the driving was completed has exceeded the punishment standard value.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value 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, and thereafter, it is generally known that the blood alcohol concentration between 0.08% and 0.03% (average 0.015%) per hour is reduced by 0.08% (average 0.015%). If the driving is completed during blood, if the blood alcohol concentration is in the period of increase in alcohol concentration, it is likely that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, if there is an interval between the time of driving and the time of measuring the alcohol concentration during blood and the time of 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 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.