A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case.

A. Fact-misunderstanding (the point of violation of the Road Traffic Act (drinking driving) in the judgment below) is that the blood alcohol concentration calculated by applying the above dmark formula exceeds the punishment standard value as 0.051%, as well as that the time of occurrence of the accident falls under the rise of blood alcohol concentration, and thus, the Defendant exceeded 0.05% of the blood alcohol concentration at the time of the accident in this case.

It shall not be readily concluded.

B. Improper sentencing 1) The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

2) The above sentence that the prosecutor decided by the court below against the defendant is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

가. 이 부분 공소사실의 요지 피고인은 2018. 5. 12. 18:58 경 혈 중 알코올 농도 0.051% 의 술에 취한 상태로 김포시 고촌 읍 신곡 리에 있는 꼬꼬 치킨 앞 도로에서부터 같은 리 산 68, 신곡 IC 앞 도로에 이르기까지 약 3km 구간에서 B 그레이스 6 밴 승합차를 운전하였다.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence in its judgment.

(c)

1) In the case of driving under the relevant legal principles, if a driver’s blood or pulmonary sample is examined immediately after driving and the blood alcohol level can be measured, the blood alcohol level at the time of driving can be presumed as a result of a veterinary calculation by using the so-called dmark formula. However, in the case of using scientific and other empirical rules to identify the existence of the elements of crime, in order to find out the existence of the elements of crime, a strict proof is required as to the individual and specific facts constituting the premise for the application of the relevant rules. Meanwhile, using the dmark formula, the degree of alcohol level is based on the blood alcohol level measured after a certain time from a certain driving point, and this is calculated based on the reduced level following the dmark formula’s decomposition.