The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) The Defendant’s blood alcohol concentration does not exceed 0.1%.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The blood alcohol concentration in misunderstanding of facts has reached the highest amount of 30 to 90 minutes after drinking, and thereafter drops by 0.08 to 0.030% per hour.

Comprehensively taking account of the evidence duly admitted and examined by the court below, it can be acknowledged that blood was collected from the Hanlim Hospital to measure the blood alcohol concentration only 26 minutes after driving the Defendant, and that the blood alcohol concentration was 0.186%. Even if the blood alcohol concentration was 0.013% (i.e., 0., 0.0% x 26/60%) and the blood alcohol concentration of the Defendant at the time of driving is 0.173% (i.e., 0., 186% - 0.013%) or more, so the blood alcohol concentration of the Defendant at the time of driving is 0.173% or more as provided in Article 148-2 (2) 2 of the Road Traffic Act.

Therefore, the defendant's assertion is without merit.

B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.