A. The result of the measurement of alcohol conducted by the Defendant as to the misunderstanding of facts (0.050% alcohol concentration in blood) was caused by the defect or measurement method of the drinking measuring instrument itself, and the Defendant did not drive under the influence of alcohol above 0.050% in blood at the time of the instant case.

Nevertheless, the lower court found all of the facts charged guilty, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. As to the assertion of factual mistake, the lower court determined that the Defendant’s final drinking time was 0 to 24:0 on April 22, 2016, and the Defendant’s final drinking time was 0 to 24:05 on April 23, 2016, and the considerable time after drinking was 13:05 on April 23, 2016, and it is apparent that the Defendant fell under the lower limit of alcohol concentration during blood, and, based on the decline in blood or drinking alcohol concentration in general blood, it is obvious that the Defendant was 0 to 0% of alcohol concentration during blood, which was 0 to 0% of alcohol concentration at the time of driving, according to the blood or drinking measurement method, at least 0% of alcohol concentration at the time of driving, and at least 0 to 0.0% of blood alcohol concentration at the time of measuring the alcohol concentration at least 0 to 30% of the blood alcohol concentration at the time of driving, which was 0 to 0.5% of the blood alcohol concentration at the Defendant’s.

It is reasonable to view it.

The decision was determined.

2) We compare the above judgment of the court below with the records.