The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is 0.052% of the alcohol concentration measured against the Defendant in blood.

However, the degree of alcohol concentration measurement in the above blood is beyond 0.02% of the standard value for punishment, and is within the level of self-misunderstanding in the measuring instrument itself. It is likely that the measurement of alcohol concentration in blood conducted against the Defendant at the time of increase in alcohol concentration in blood after drinking, and the alcohol remaining in the Defendant’s entrance was completely removed once burl.

It is difficult to see that the defendant's blood alcohol concentration level at the time of driving exceeds 0.05% of the control standard value.

It shall not be readily concluded.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged in this case by reliance on the circumstantial report of the driver with no credibility and the legal statement of the police officer regulating this preparation of the report and the facts charged in this case is erroneous in the misapprehension of the judgment (to the extent of supplement in case of legitimate grounds for appeal).

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, it is time of driving.