The judgment of the court below is reversed.

The defendant shall be innocent.

1. Around 23:40 on May 27, 2013, the Defendant driven a car with approximately 4km from the 50-2 (Madong-dong-ro, Seo-gu, Incheon, Seo-gu, Seo-gu to the 722nd day of the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 0.191% of blood alcohol concentration.

2. Summary of grounds for appeal;

A. Since the collection of blood from the Defendant’s blood in misunderstanding of facts was not conducted with a warrant, and the process of collecting blood cannot be trusted, among the instant charges, the Defendant’s blood alcohol concentration cannot be recognized.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

3. As to the assertion of mistake of fact

A. In full view of the evidence duly admitted and examined by the court below, the following facts can be recognized.

① On May 27, 2013, the Defendant was driving from 50-2, 487, the Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, to the extent of 4km a vehicle from 50-2 (Ma-dong) to 4km, and passed at 23:40 on the same day and passed 722, Dong-dong, Dong-dong, 13:40 on the same day.

(2) The defendant was unable to communicate with him on the scene of the accident and immediately after the accident, or to measure the smoking of drinking or smoking at the D hospital.

③ On May 28, 2013, the police officer belonging to the Incheon Western Police Station demanded that the nurse H of the above hospital obtain a subsequent warrant on the following occasions: (a) collect the Defendant’s blood by driving the blood collection tool and collecting the Defendant’s blood.

Accordingly, H collected and stored the blood of the defendant as the above blood collection tool.

(hereinafter “instant blood”).