The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. In relation to the part concerning the driving of a motor vehicle by mistake of fact, the police calculated the blood alcohol level of the defendant's blood alcohol level in accordance with the above dmark formula, etc. In light of the defendant's accident and the defendant's error in the application of the above dmark formula, it is doubtful that the alcohol level in the blood of this case calculated by the police is very doubtful.

Therefore, the lower court found the Defendant guilty of violating the Road Traffic Act (drinking driving) among the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination:

A. On May 14, 2016, the Defendant, while under the influence of alcohol level of 0.143% among the instant charges, driven a B-learning car from the day front of a D-cafeteria in Kimhae City, to the day next to the E-art in the same Dong, while driving around 08:30 on May 14, 2016.

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds of the evidence indicated in its reasoning.

(c)

1) Examining the evidence duly adopted and examined by the lower court and the first instance court in light of the records, the following facts can be recognized.

A) From May 14, 2016, the Defendant, from around 06:30, around 06:30 on May 14, 2016, she drank one disease (16.9% of alcohol alcohol level, 360, hereinafter the same shall apply, and the so-called so-called small brand is omitted) per week (the drinking of this case is prior to drinking; b) (the Defendant driven a motor vehicle as stated in the summary of this part of the charges, and caused a traffic accident where the damaged vehicle parked on the front side was parked.

C) At around 09:20 on the same day, the Defendant entered a D restaurant again, and ordered 1 member of the Navy and 1 member of the Navy, and up to 09:55 on the same day, the Defendant called for the police after having called for the smallest group of soldiers.