The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

The main reason for appeal is that the sentence (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The lower court determined that the Defendant was not guilty of this part of the charges on this part, on the ground that, as evidence submitted by the prosecutor, the “the result of the respiratory measurement”, which is part of the “investigation Report (Evidence No. 22)” that applied the said dmark formula on the basis of the volume of alcohol and the body of the Defendant’s body, did not determine any evidence as to the “Investigation Report (Evidence No. 24)” under which the Defendant applied the said dmark formula on the basis of the quantity of alcohol and the body of the Defendant.

However, according to the evidence submitted by the prosecutor, such as the investigation report, etc., the court below found the defendant guilty of the charge of violating the Traffic Act on the road where the defendant was drunk. Thus, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

The sentence sentenced by the court below to the defendant is too unfortunate and unfair.

Judgment

1) As to the prosecutor’s assertion of mistake and misapprehension of the legal principles, the driver’s blood and pulmonary sample can be presumed to have alcohol concentration at the time of driving as a result of calculating a veterinary method using the so-called dmark formula, unless the driver’s blood and pulmonary sample can be measured immediately after driving.

However, there are parts concerning the presumption of alcohol concentration among blood in accordance with the above drone formula and the decomposition extinguishment due to the absorption distribution of alcohol. Among them, with respect to the concentration of alcohol in the highest blood in time, the absorption rate in the body of alcohol influence and sex, vision, age, height, body body body, race, region, wind, and times, etc. may also affect the results.