The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Since the blood alcohol concentration at the time of driving is increased due to the time when 30 minutes have not passed from the time when drinking was completed or when the blood alcohol concentration was increased due to the close time of drinking, the court below's decision that recognized 0.119% of the blood alcohol concentration, which was predicted by applying the above mark public formula, as the blood alcohol concentration at the time of driving, was erroneous in the misunderstanding of facts.

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentencing penalty of KRW 4,00,000 is too unreasonable.

2. In the trial of the competent public prosecutor, "Article 148-2 (2) 2" among the applicable provisions of the facts charged in this case shall be construed as "Article 148-2 (2) 3" and the facts charged.

The judgment of the court below was no longer maintained inasmuch as the above modified part and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act by changing the “0.119% of blood alcohol concentration” to “0.081% of blood alcohol concentration.”

Although there is a ground for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this paper examines the changed charges below.

3. Judgment on the assertion of mistake of facts

A. On March 5, 2012, the Defendant, while under the influence of alcohol around 23:30% of the blood alcohol content, driven a DNA car at approximately KRW 7 KK m from the said C apartment parking lot to the front right of the Donggdo-dong in the same Sindo-dong.

B. The judgment of the Defendant is at the time of driving 0.081% of the changed blood alcohol concentration in light of the fact that the blood alcohol concentration is increased in the time when 30 minutes have not elapsed from the time of termination of drinking or in the nearest time.