The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. The summary of the facts charged in the instant case is that the Defendant driven a C driver’s vehicle under the influence of alcohol with a blood alcohol concentration of 0.069% at the section of approximately 500 meters from the 500 meters away from the Sinyang-si Ho-dong Ho-dong Ho-dong Hodong Ho-dong Ho-dong Hodong Hodong to the same new engineer distance, around August 19, 2012.

2. According to the reasoning of the lower judgment, the lower court found, based on the adopted evidence, that the Defendant’s drinking alcohol from August 19, 2012 to around 22:50 on the same day began to drive the said car, and on around 22:57 on the same day, and was measured at 0.069% of blood alcohol as a result of the breath measurement at around 23:14 on the same day, and found the Defendant guilty of the Defendant’s blood alcohol concentration at 20% on the premise that the Defendant’s blood alcohol concentration at around 20:10 on the basis of his/her physical constitution, health condition, the kinds of consumed food, alcohol, alcohol, and the degree of physical activities. The blood alcohol concentration at around 30 to 90% was considerably different; the Defendant’s maximum concentration at around 20% on the basis that the Defendant’s blood alcohol concentration at around 20 to 20:0 on the basis of the most favorable premise for the Defendant.

3. However, we cannot accept the above determination by the court below for the following reasons.

In a situation where it is impossible to determine whether the blood alcohol concentration is the rise point or the summer point, it has been measured at the point of time when the driving is completed.