A. The Defendant’s pulmonary measurement and collection of blood alcohol content (0.23% and 0.218%) was finally measured at the time when 32 minutes and 47 minutes elapsed respectively from the time of drinking, and thus, it is impossible to calculate the Defendant’s blood alcohol content at the time of drinking. Thus, it cannot be readily concluded that the Defendant was in a state of alcohol exceeding 0.1% even if 0.1% at the time of driving, inasmuch as it can be deemed that the Defendant was under the influence of alcohol with at least 0.05% of blood alcohol content at the time of driving.

B. Even if it is recognized that the Defendant was driving under the influence of alcohol above 0.1% at the time of an unreasonable sentencing determination, the lower court’s punishment (five million won by fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts: (1) In a situation where it is difficult to determine whether the blood alcohol level at the relevant legal doctrine driving time is the rise time of blood alcohol level, or it is difficult to determine whether the blood alcohol level at the time when the operation ends, even though the blood alcohol concentration measured at the time when a considerable time has passed from the time when the operation ends, it cannot be readily concluded that the blood alcohol concentration at the actual driving time exceeded the punishment standard. Although there are differences for individuals, it is not possible to conclude that the blood alcohol concentration at the time of the operation exceeds the punishment standard. Although the blood alcohol concentration at the time of the operation between 30 minutes and 90 minutes after drinking, it is generally known that the blood alcohol concentration at the time of the operation has reached the highest level and that the blood alcohol concentration at the time of the operation has decreased by about 0.08% and 0.03% per hour thereafter (average approximately 0.015%). If the operation ends, if there is a possibility that the blood alcohol concentration at the time

However, even if there is an interval between the driving point and the blood alcohol concentration measurement point, and the time seems to increase the blood alcohol concentration.