The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In general, a misunderstanding of facts and misapprehension of legal principles generally evaluated that blood testing conducted by blood testing is more accurate than that measured by breath, and the timing and timing of driving the instant drinking is relatively short of time. Since the Defendant drinks alcohol over a long time, the point at which the instant blood testing was conducted was at the breath of alcohol concentration in blood.

Therefore, the Defendant’s blood alcohol level at the time of driving the instant drinking shall be 0.147%, a politics that is the side of drinking by blood tests.

However, the lower court held that the point at which the instant blood collection was made lies in the rise of alcohol concentration during blood transfusion.

In light of the above, the Defendant’s blood alcohol level at the time of driving the instant drinking was 0.101% recognized by himself as the interest on the measurement of alcohol by the respiratory measuring instrument. Therefore, the lower court erred by misapprehending the legal doctrine on the proof of alcohol level during the blood alcohol level at the time of driving the instant drinking or by misapprehending the legal doctrine on the blood alcohol level at the time of driving the alcohol.

B. The sentence of the lower court that is unfair in sentencing (7 million won in penalty) is too unhued and unfair.

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, the lower court’s determination is based on the following facts: (a) based on the Defendant’s blood collection’s 0.147% of the alcohol concentration in blood at the time of collecting blood instead of the alcohol concentration in blood at the time of driving alcohol; (b) may have a small number of individual vehicles for each person; (c) the blood concentration in blood at the time of the lapse of 30 minutes after the ordinary alcohol alcohol, the highest point is the blood concentration in blood at the time of the lapse of 90 minutes; and (d) thereafter, the blood concentration in blood at the time of the alcohol driver’s ordinary alcohol alcohol level, physical constitution, kinds of drinking alcohol, drinking speed, and the degree of food that is under a disguised food at the time of drinking. Accordingly, the Defendant’s maximum point of view is that the alcohol concentration in blood alcohol is reduced by a certain rate per hour.