The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. It is difficult to readily conclude that the blood alcohol concentration at the time of driving under the influence of alcohol at the time of the appeal (in fact), and it is sufficiently recognized that the blood alcohol concentration at the time of driving under the circumstance report was above 0.03% of the blood alcohol concentration at the time of driving under the influence of alcohol.

2. Determination

A. The Defendant, around November 11, 2019, driven BM X2 vehicles while under the influence of alcohol concentration of approximately 0.3 Km from the front of Gangnam-gu Seoul to the front of D and the front of D on November 23:20, 2019, while under the influence of alcohol concentration of approximately 0.037%.

B. The lower court found the Defendant not guilty on the ground that it is difficult to readily conclude that the blood alcohol concentration at the time of driving was at least 0.03%, since the blood alcohol concentration was likely to have risen.

C. Determination of the political party’s trial 1) Even if the interval between the time of driving and the time of measurement of blood alcohol level and the time of such measurement is deemed to increase the blood alcohol level, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol level at the time of actual driving exceeds the punishment standard. In such cases, whether it can be seen that the level of punishment was above the punishment standard even at the time of driving should be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances recognized by evidence, such as the distance between driving and measurement, the difference between the time limit between the measured blood alcohol level and the punishment standard value, the continued time and the quantity of alcohol, the driver’s behavior at the time of driving, if there was a traffic accident, the situation and circumstances of the accident, etc. (see Supreme Court Decisions 2013Do6285, Oct. 24, 2013; 2018Do6477, Jul. 25, 2019).

(1) The Defendant shall operate a vehicle on November 11, 2019.

23:20 was crack down, and the blood alcohol concentration was measured at 0.037% as a result of the blood alcohol measurement at around 23:27.