A. In fact, the Defendant misunderstanding the legal doctrine and misunderstanding the following: (a) finally drunkd around 22:30 on December 10, 2016; (b) completed the driving of a vehicle recorded in the facts constituting an offense in the lower judgment (hereinafter “instant vehicle”); (c) around December 11, 2016, when the alcohol concentration was measured with a respiratory measuring instrument around 00:03 on December 11, 2016, when approximately 90 minutes passed thereafter; (d) the numerical value at the time of measuring the blood alcohol concentration was 0.067%; and (e) as at the time of driving, the blood alcohol concentration at the time of driving was at a stage of raising the alcohol concentration from the time of measuring the alcohol content until the time of measuring the alcohol content. Therefore, it cannot be readily concluded that the blood alcohol concentration at the time of driving is 0.05% or more, which is the subject of punishment.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle on factual mistake or misapprehension of the legal principle

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood concentration.

However, if there is an interval between the time of drinking driving and the time of measuring the alcohol concentration in the blood, and at that time, the alcohol concentration in the blood seems to increase.

Even such circumstances alone.