The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Notwithstanding that the Defendant’s blood alcohol concentration in the blood of the Defendant was measured at the time of the accident after driving alcohol, the lower court determined that the Defendant’s blood alcohol concentration in the blood exceeds 0.05% at the time of the accident.

Since the court below rendered a judgment of innocence and dismissal of prosecution against the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents as to the violation of Traffic Accidents among the facts charged in this case, the court below erred by misunderstanding the facts or by misapprehending the legal principles.

2. Determination

A. 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 of increase in blood alcohol level, or when it is difficult to determine whether it is the point of leaving the bar, the alcohol concentration among the blood measured at the time when a considerable time has passed since the driving was completed has exceeded a minor standard of punishment.

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 alcohol concentration at the time of actual measurement.

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 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 is time between driving and measurement, the difference between the value of alcohol concentration in measured blood and the standard value of punishment, and the time and the amount of drinking continued.