The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

The reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, inasmuch as the court of first instance excludes any addition of the following contents, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment.

The time when the Plaintiff’s assertion on the part of the Plaintiff’s assertion that the Plaintiff’s drinking was terminated is around 23:00 on December 29, 2015. The time when the Plaintiff was to drive under the influence of alcohol is about 23:30 on the same day. The time when the Plaintiff measured the drinking alcohol level is about 00:15 on December 30, 2015, and 75 minutes from the final drinking time. As such, the Plaintiff’s blood alcohol level is 0.123% when the blood alcohol level reaches the highest level after drinking.

Therefore, it cannot be readily concluded that the blood alcohol level at the time of the Plaintiff’s driving exceeded 0.1%. Therefore, the instant disposition based on the premise that the Plaintiff was driven while under the influence of alcohol more than 0.1% of the blood alcohol level is unlawful.

Even if there is an interval between the time point of drinking alcohol driving and the point of measuring the blood alcohol concentration, and the time seems to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

In such cases, whether a person can be deemed to have been above the standard level of punishment even at the time of driving shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the time interval between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, the degree of traffic accident, the circumstance of the accident, and the circumstances.

(See Supreme Court Decision 2013Do6285 Decided October 24, 2013). Meanwhile, in administrative litigation, it is recognized in a criminal trial.