The defendant shall be innocent.

1. On October 28, 2017, the Defendant driven a Ksch Rexn car with approximately 900 meters alcohol concentration of about 0.080% in blood, around 03:10 on October 28, 2017, from the front day of the alcohol house “I” to the same J building at the same time.

2. Determination

A. Legal doctrine 1) In a situation where it is impossible to determine whether the alcohol concentration at the time of drinking driving is an increase in alcohol concentration in blood or at the time of summer, the alcohol concentration in blood measured at the time when driving was completed at a considerable time from the time when the operation was completed has exceeded the standard for punishment.

Even if the alcohol concentration in the blood of the actual time of operation exceeds the standard value of punishment.

It shall not be easily concluded.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest value, and thereafter, it is generally known that the blood alcohol concentration from 0.08% to 0.03% per hour (average approximately 0.015%) has been reduced by 0.03% per hour, and if the driving is completed, the alcohol concentration among the blood actually measured is likely to be lower.

2) Although there is an interval between driving time and blood alcohol concentration measurement time, and at that time, it appears that the alcohol concentration in blood appears to increase.

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 determined reasonably 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 duration and quantity of drinking continued, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident, etc. (see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). (b) The following evidence of the facts found are comprehensively taken into account.