The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In a situation where it is impossible to determine whether the blood alcohol concentration at the time of drinking driving is the rise or lower time, even if the blood alcohol concentration measured at the time when a significant time has elapsed since the driving was completed, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penalty standard.

Although there are differences for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking reaches the highest level, and then 0.08 to 0.03% per hour (average 0.015%) is reduced by 0.08 to 0.03% (average 0.015%). If the driving is completed at the time of rise, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

(2) On April 18, 2016, the Defendant 2015Do7194, etc. (see, e.g., Supreme Court Decision 2015Do7194, Apr. 28, 2016). In light of the aforementioned legal principles, the following circumstances acknowledged by the health team and the record, namely, ① the Defendant dices alcohol in “C” located in “C” on March 18, 2019, on the day of the instant crime, at least 00:40 (or after self-determination) and began to drive thereafter; ② the Defendant continued driving until March 18, 2019; ② the Defendant was diving with the E-car located in D before the following; ③ the police who was reported by the surrounding person was dispatched to the police; ③ the Defendant 15 percent alcohol concentration of the Defendant’s blood alcohol at around 10:13, 2019; and ④ the Defendant’s blood alcohol concentration at around 18:15, 2019.