The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is sufficiently recognized that the Defendant’s blood alcohol content was at least 0.05% at the time of driving a vehicle, and the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that acquitted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Although the relevant legal doctrine is applicable, there is an interval between the point of time and the point of time between the point of time of driving and the point of time when the alcohol concentration is measured, and it appears that the blood alcohol concentration would rise.

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 ought to be reasonably determined 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 level and the standard value of punishment, the hours during which drinking continues, the amount of drinking, the driver’s behavior level at the time of crackdown and measurement, and the situation of the accident if there is a traffic accident (see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). (B) Considering the following circumstances revealed by the evidence duly adopted and investigated by the lower court, it is sufficient to recognize that the Defendant’s alcohol level at the time of driving is at least 0.5% in blood alcohol level.

① On May 10, 2014, the Defendant, while driving the instant taxi after drinking alcohol until around 21:20 on the same day, caused the instant traffic accident around 21:30 on the same day. On the same day, the Defendant measured alcohol concentration at 0.097% in blood.

The defendant has conducted a measurement of driving time and drinking.