The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, 0.120% of the blood alcohol concentration in the instant facts charged was measured after 56-66 minutes from the time when the Defendant finished driving, and thus, the Defendant does not have a alcohol concentration in blood at the time of driving, and such facts charged have been proven.

Although it cannot be seen as being guilty, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. On June 3, 2015, the summary of the facts charged in the instant case, the Defendant driven a 150-meter C Poter truck from the Defendant’s house located in Kimhae-si B, while under the influence of alcohol leveling to 0.120% of the alcohol level during blood transfusion on June 3, 2015 to the waterside park front of the waterside park.

B. The lower court found the Defendant guilty of the instant facts charged.

(c)

(1) In the circumstances where it is difficult to determine whether the alcohol level at the time of driving under the relevant legal principles is the point of time of raising alcohol level in blood, the alcohol level in blood measured at the time when the driving is completed, among blood measured at the time when the driving is completed, has remarkably exceeded the standard of punishment.

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

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, it is generally known that about 0.08% and 0.03% (average 0.015%) per hour are reduced. If the driving is in the rise period, the alcohol concentration in blood at the time of driving may be lower than the actual measured blood concentration.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

However, such circumstance alone is in fact an unconditional.