A. In light of the fact that the blood alcohol content of the Defendant at the time of the instant case was 0.05% or more, the Defendant’s blood alcohol content was found guilty without any evidence to prove that the Defendant’s blood alcohol content was 0.05% or more at the time of the instant case in light of the fact that the Defendant’s measurement of the alcohol alcohol level was conducted in a state of illegal arrest since the requirements for legitimate conduct against the Defendant were not met, and that the blood alcohol level was conducted in a state of illegal arrest for 3 months and 16 months without correction, and that the blood alcohol level was not reliable in the course of the measurement

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly admitted and adopted by the court below, namely, ① at the time of the instant case, the Defendant: (a) at the time of the instant case, at the time of the so-called so-called so-called “driving so-called alcohol-free; (b) at the time of the instant case, the Defendant was demanded from the police officer who was stopped in the vicinity of the control place to voluntarily drive; (c) the Defendant’s refusal to do so was not peep; and (d) the Defendant appears to have attempted to have been placed in D prior to the so-called so-called “dacting of alcohol” for reasons of workplace problems; (b) D provided the Defendant with water to remove remaining alcohol in accordance with the prescribed procedure; and (c) the Defendant’s written statement in the written statement of the driver’s statement on the so-called “the driver’s statement” column of the written statement against the Defendant on the day of the instant case; and (d) the first measuring instrument at the time of drinking measurement was insufficient.