The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds of appeal (misunderstanding of facts) is that the defendant dices an additional drinking after driving in light of the fact that the defendant is a person who had the drinking immediately before driving of the instant case and the statement at the time of detection of drinking by the defendant.

It is difficult to see, and at the time of measuring the alcohol concentration in blood, that the alcohol concentration in the Defendant’s blood was in the rise season.

In light of the fact that it is difficult to readily conclude, the lower court determined otherwise by misapprehending the fact, although the Defendant could recognize the fact that he/she was driven while under the influence of alcohol more than 0.05% in blood.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

In the previous facts charged, the prosecutor changed “under the influence of alcohol content of 0.089% in blood” from the previous facts charged to “under the influence of alcohol content of 0.089% in blood” to “under the influence of alcohol content of at least 0.05% in blood,” and the judgment of the court below is changed to the subject of adjudication upon permission. Thus, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's assertion of misunderstanding the facts, and the judgment below is reversed and it is so decided as follows.

【Grounds for another judgment】

1. On October 30, 2007, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Seoul East-gu District Prosecutors' Office on the part of October 30, 2007. On March 30, 2010, the Seoul East-gu District Court received a summary order of KRW 5 million due to a crime of violating the Road Traffic Act.

The Defendant, as above, was a person who had a alcohol driving force twice or more as seen above, driven the EMW 735LI car while under the influence of approximately 3 meters in approximately 0.05% alcohol content in the e-mail D parking lot in Songpa-gu Seoul Metropolitan Government around August 21, 2017.

2. There is room for a judge to have a reasonable doubt about conviction in a criminal trial for judgment.