A defendant shall be punished by imprisonment for three years.

A. misunderstanding of facts or misunderstanding of legal principles as to whether the blood alcohol content exceeds 0.05% at the time of the Defendant’s driving. A person who filed the appellate brief may withdraw part of the grounds for appeal stated in the appellate brief on the date of the appellate court’s trial, but may be subject to restrictions which may not be deemed as the grounds for appeal if he withdraws the grounds for appeal. Therefore, the withdrawal of the grounds for appeal is only effective (see, e.g., Supreme Court Decision 2002Do6834, Feb. 26, 2003). The Defendant only withdrawn the above argument through the pleading as of May 28, 2020 after the closure of the pleadings, and did not withdraw the allegation of mistake of facts as stated in the appellate brief submitted by the Defendant on the date, and this part of the argument is further examined. Since the Defendant’s blood alcohol concentration at the time of measuring alcohol level was 0.05% higher, and thus, it is difficult for the Defendant to have determined that the blood alcohol concentration of the Defendant was 8% higher at the time of the accident.