A. After the occurrence of a traffic accident due to mistake of facts, one can can beer and the blood alcohol concentration is only derived from the alcohol content contained in propool lease in which the defendant was able to wear, and the fact that the vehicle is driven in drinking conditions is not true.

B. The lower court’s sentence of unreasonable sentencing (fine 3.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence on the argument of mistake of facts: (1) even if the defendant himself stated that he drinks by not later than 21:00 on the preceding day of the instant case, as alleged by the defendant, even if he did not drink on the day of the instant case, it is sufficient for the defendant to have a drinking condition at the time of driving; (2) 0.102% of the blood alcohol content of the Defendant at the time of driving corresponds to the remaining concentration except for the blood alcohol content corresponding to 1 canll, which the defendant claims that he drank after driving; (3) the defendant was punished for drinking two times prior and was able to easily expect that the blood alcohol measurement for the Defendant was conducted due to the traffic accident in this case; (4) it is suspected that the Defendant would have been drinking after drinking; and (5) it is found that the Defendant had a drinking alcohol at the time of driving of the instant case at least 21:30 on the day of the instant accident.