The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant misunderstanding the legal doctrine from July 6, 2017 to July 22:30, 2017, and from around 23:30 on the same day on the 23:40 day on which he/she boarded a taxi, driving the vehicle at the parking lot with the Defendant’s vehicle, driving the vehicle at a 30-meter level after driving the vehicle. On July 7, 2017, the Defendant discovered the police officer around 00:28, and measured the alcohol level at 0.198% during blood alcohol level.

After about 60 minutes and about 70 minutes from the time when the defendant drives a vehicle, alcohol concentration in the blood is measured when the defendant's blood alcohol concentration is risen. Thus, the alcohol concentration in the blood at the time when the defendant drives a vehicle is below 0.198%.

As can be seen, the defendant was driven under the influence of alcohol exceeding 0.1% in blood.

It is difficult to see it.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. An ex officio determination prosecutor filed an application for amendments to a bill of amendment with the purport that “under the influence of alcohol level of 0.198% during blood” among the facts charged in the instant case “under the influence of alcohol level of 0.1% or more during blood,” was changed by this court’s permission, and thus, the judgment of the court below cannot be maintained as it is.

However, even if there are such reasons for ex officio reversal, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. In a situation where it is impossible to determine whether the alcohol level at the time of driving under the relevant legal doctrine is the point of increase in blood alcohol level, or when it is difficult to determine whether the blood level at the time of driving, the alcohol level among the blood measured at the time when the driving is completed, has exceeded the punishment standard value.

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

There are differences for each individual, but after drinking.