The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles or misunderstanding the Defendant merely dysnum only one illness, which was measured at 0.181% whose alcohol concentration level in the blood at the time is unclear is the result of misunderstanding the alcohol measuring instrument.

Considering the error problem of a drinking measuring instrument, the Defendant was in a state of 0.181% by the result of the respiratory measurement of the drinking measuring instrument.

It shall not be readily concluded.

Therefore, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of four million won) is too unreasonable.

2. Determination:

A. 1) According to the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the following facts can be acknowledged.

A) The Defendant, from July 10, 2016 to July 07:00, indicated as follows: (a) the kind of alcohol and the amount of alcohol in the statement of the circumstances of driving under the circumstances of driving under the circumstances of driving under the circumstances of two weeks a week in the territory of the Gu of Chang-si, Seoul; and (b) the Defendant stated as such.

In order to purchase alcoholic beverages more after drinking, driving at a 300-meter range in front of the G convenience store in the same Gu F, and under the control of drinking around July 10, 2016, around 07:10.

B) On July 10, 2016, the Defendant conducted a measurement of drinking at around 07:43 (hereinafter “drinking of drinking”), and the alcohol concentration from blood by a drinking measuring instrument was 0.181% (hereinafter “drawing result of drinking”). The Defendant: (a) conducted a measurement of drinking as above; (b) signed and sealed the statement of the circumstances of the driver at drinking (4 pages of evidence); and (c) written a written report on the detection of the driver at drinking (5 pages of evidence record); and (c) used the oral cleaning system at the time of the measurement of drinking.

It is not indicated that 20 minutes have elapsed after drinking and it has been put to a straw in the course of the measurement.

It is written in the situation report of the driver at the main place.