The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is as in this case, in a case where the drinking alcohol measurement was conducted through ordinary procedures, and accordingly the distance between the time when the drinking alcohol is discovered and the time distance between the time when the drinking alcohol measurement is conducted is not so far as to deny the identity of the alcohol concentration of the defendant's blood, if the result of the drinking measurement is above the standard level of punishment, it is reasonable to regard it as the blood alcohol concentration at the time of drinking and punish it accordingly, but the judgment of the court below erred by misunderstanding

2. If the distance between the time of driving and the time of measuring the alcohol concentration in blood exists and the time of such measurement appears to increase the alcohol concentration in blood, the standard value of punishment was higher than the standard value at the time of driving.

Whether it can be seen or not shall be determined reasonably in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the interval between driving and measurement, the difference between the amount of alcohol content and the amount of punishment standard value of measured blood, the hours during which drinking continues, the amount of driver's behavior at the time of crackdown and measurement, and the situation of accident if there is a traffic accident, etc. (see Supreme Court Decision 2013Do6285, Oct. 24, 2013, etc.). In light of the aforementioned legal principles, the lower court: (a) although alcohol content in blood is different for each individual, the lower court has reached the highest level between 30 minutes to 90 minutes after drinking, and then it is generally known that the amount of alcohol content at least 0.08% to 0.03% (average 0.015%) per hour has decreased, and (b) in this case, the maximum degree between the time when drinking was discovered and the degree of alcohol level at least 30 minutes during which the drinking was measured at least 130 minutes during the time of alcohol.