The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal.

In the case of a drunk driving, the blood alcohol level at the time of driving can be presumed as a result of the veterinary calculation by using the so-called dicmark formula, unless it is possible to measure the blood alcohol level by examining the driver's blood, respiratory, etc. immediately after driving. However, in the case of using the empirical rule, such as scientific formula, in order to identify the existence of the elements of crime, strict certification is required for individual and specific facts, which are the premise for the application of the relevant rule.

In the case of the Badmark formula, the quantity, drinking time, body weight, etc. of alcohol taken in as data for its application are required. Therefore, strict proof is required to acknowledge such premise.

Furthermore, the estimation method of the blood alcohol concentration according to the Badmark formula has parts concerning the maximum blood alcohol concentration due to the absorption and decomposition of alcohol and the decomposition extinguishment due to the lapse of time. Among them, in calculating the highest blood alcohol concentration, the physical absorption rate of alcohol taken in, and the sex, rain, age, height, body weight, etc. may have an impact on the results thereof; depending on the physical quality, the kind of drinking alcohol, the drinking speed, and the degree of disguised food at the time of drinking, etc. for each individual, the maximum time to the blood alcohol concentration may vary depending on the degree of normal alcohol, the physical quality, the speed of drinking, the degree of physical activities after drinking, etc. may have an impact on the alcohol decomposition per hour, and there are various factors to be found guilty in criminal trials.