The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant measured the alcohol concentration of 0.092% (the 0.097% of the judgment of the court below seems to be a clerical error) according to the breath measurement at the time of detection. The Defendant’s request for re-inspection due to the breath measurement but did not reach 30 minutes after blood collection and measured the blood concentration of 0.155% after the breath measurement.

Therefore, it is invalid that blood alcohol concentration among blood obtained by blood is invalid, and 0.092% near the time of driving alcohol is correct, so it is not driven under the influence of alcohol whose blood alcohol concentration is more than 0.10%.

2. In addition to the circumstances revealed by the lower court, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) a driver is not required to comply with the driver’s request for re-checking measurement as he/she is dissatisfied with the pulmonary measurement result; and (ii) a driver who is dissatisfied with the pulmonary measurement result can be re-measurementd by means of blood collection, etc.

Since the blood collection time is 20:55 minutes, and there is no difference between the pulmonary measurement and the blood collection between 21:20 and 25 minutes, so the blood alcohol concentration in blood at the time of blood collection is considerably different from that at the time of pulmonary measurement in that it is possible to conduct a pulmonary test more accurate blood assessment than the pulmonary test.

Comprehensively taking account of the fact that blood alcohol concentration in the blood from blood tests is more than that caused by pulmonary instruments, it is difficult to see that the blood alcohol concentration in the blood is higher than that caused by pulmonary instruments, and ③ that the blood alcohol concentration in the blood measured at the time when 20:45 minutes have elapsed since 35 minutes have passed since her driving was discovered by the police, and that the blood alcohol concentration in the blood measured at the time when her driving was significantly above 0.1% which is the punishment standard value, the Defendant is under the influence of alcohol over 0.10%.