The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (a) The blood alcohol content at the time of measuring the Defendant’s alcohol level is 0.041%; (b) recognized the blood alcohol content at the time of the Defendant’s driving as 0.056% by using the reverse calculation method in the above-mark formula, and found the Defendant guilty of the Defendant’s violation of the Road Traffic Act (driving) against the Defendant; and (2) The lower judgment convicting the Defendant of the violation of the Act on the Special Cases Concerning the Settlement of Traffic Accidents even though the victim suffered minor injuries not being injured under the Act on Special Cases Concerning the Settlement of

B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 1,500,000) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of fact: (a) If the blood or pulmonary sample of the driver immediately after driving is not the case where the blood or pulmonary sample of the driver can be measured, the blood alcohol concentration at the time of driving can be estimated by using the so-called Hedmark formula if it is not the case where the blood alcohol concentration can be measured, and this is based on the blood alcohol concentration measured after a certain period of time from the specific driving point of time using the dmark formula. In this case, the estimation of the blood alcohol concentration at the time of driving by adding the blood alcohol decomposition concentration after the time of driving, calculated by the decrease in the decomposition due to the decomposition of the blood alcohol at the time of driving, the degree of normal alcohol, physical quality, drinking speed, and the degree of physical activities after drinking, etc. can affect the decrease of the blood alcohol at the time, but it can be recognized as a 0.3% difference at the time after driving by the statistics data as mentioned above.