A. misunderstanding of facts and misapprehension of legal principles requested the measurement by blood sampling, but the assistant nurse was unable to determine the fact that the defendant drankly driven the blood by using species of alcohol during blood sampling. This is a result of the test by blood sampling for reasons unrelated to the defendant's negligence. Thus, the result of the measurement by the respiratory tester is inadmissible, and the result of the measurement by the respiratory tester cannot be found to be that the defendant drankly driven the blood.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles on the assertion of misunderstanding of facts, (1) in a case where the pulmonology by a respiratory tester and the blood test value by blood test are different, the trust in the blood test value by the judge’s free evaluation of evidence is an issue of selecting evidence. Thus, even if the opportunity for blood test by means of blood sampling is not guaranteed in the course of collecting blood or appraisal, even if the opportunity for blood test by reasons unrelated to the defendant’s negligence is not actually guaranteed in the course of collecting blood, the

(2) According to the records, the Defendant: (a) was found to have been aware of the police officer’s drinking control on July 11, 2014; (b) was measured at 08:10% of blood alcohol concentration on the same day; (c) the Defendant raised an objection to the result of the pulmon measurement; and (d) was required to collect blood from the blood collection method by raising an objection to the blood collection method; (b) around the same day at around 08:45, the assistant nurse collected blood from the emergency hospital in the YY; and (c) the assistant nurse disinfected the Defendant with alcohol species at the time of blood collection; and (d) the assistant nurse disinfected the Defendant with blood alcohol content at the time of blood collection.