All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding and misunderstanding of the legal doctrine (as to the conviction part of the lower judgment), the Defendant did not drive a vehicle while under the influence of alcohol above 0.05% in blood at the time of the instant case.

2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (as to the acquittal portion of the lower judgment), the Defendant was under the influence of alcohol while under the influence of alcohol at the time of the instant case 0.128%.

It is reasonable to view it.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. According to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of misunderstanding of the facts and legal doctrine, the Defendant can be recognized as driving under the influence of alcohol with a blood alcohol level of at least 0.05% from the parent’s residence to the front of the E apartment, as stated in the lower judgment, and thus, the Defendant’s allegation in this part is rejected.

3. Determination as to the prosecutor's assertion of mistake of facts

A. On December 10, 2016, the Defendant driven a fluor car at approximately 2 km from the front side of Gwangju Dong-gu to the front day of the Gu apartment complex under the influence of alcohol level of 0.128% among blood transfusion around 15:15 on December 10, 2016.

B. The lower court’s determination 1) In a situation where it is difficult to determine whether the alcohol level at the time of driving alcohol is the point of time or the point of leaving the bar, the degree of alcohol concentration among the blood measured at the time when the driving was completed has exceeded the standard of punishment.

Even if the alcohol concentration in the blood at the actual time of driving exceeds the standard value of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and it is generally known that approximately 0.08% and 0.03% per hour (average approximately 0.015%) have been reduced.