The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the result of a pulmonary measurement of mistake of facts should be considered as the drinking level at the time of driving, the court below which recognized the measurement value of blood collected at the time of the highest blood alcohol level as the drinking level at the time of driving, erred by misunderstanding the facts or by misapprehending the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In a case where the pulmonology by the respiratory measuring instrument and the breath measurement by the blood test are different, the trust of the breath measurement method by the judge’s free evaluation is the issue of selecting evidence. However, considering the circumstances where the breath measurement by the breath measuring instrument may have problems with the accuracy and reliability of the measurement results based on the state of the measuring instrument, measuring method, cooperation of the other party, etc., barring any special circumstances that make it difficult to believe the result of the measurement by blood sampling, such as artificial manipulation in the course of blood collection or testing, or the involvement of the related party’s fault, barring special circumstances that make it difficult to believe that the breath measurement method by blood testing is more adjacent to the blood alcohol concentration at the time of measurement by the breath measuring instrument than the

(Supreme Court Decision 2003Do6905 Decided 13, 2004). According to the evidence duly admitted and duly examined by the court below including the Defendant’s statement, the Defendant was found to have been found to have been driving at around 23:30 on the day of the instant case by dividing 21:20 from 21:20 to 22:30 on the day of the instant case into pro-Japanese and pro-Japanese 1 disease, while driving at around 23:30, while driving at around 23:52, the blood alcohol concentration was 0.052% on the part of the Defendant’s pulmonary measurement against the Defendant at around 23:52, but blood was collected at around 00:15 on the following day after the Defendant requested blood measurement. The blood alcohol concentration was 0.125%.

As above, the time when the defendant was driven is final.