The defendant's appeal is dismissed.

1. The summary of the grounds for appeal: The Defendant’s blood alcohol concentration at the time of measuring the misunderstanding of facts and the misapprehension of the legal principle was at the time of measuring the alcohol level, and the measured blood alcohol concentration is limited to 0.11% exceeding 0.1% which is the punishment standard, and the Defendant’s behavior pattern at the time of crackdown was over 0.1%, and cannot be viewed as the basis for the fact that the blood alcohol concentration at the time of control was above 0.1%. Thus, the evidence submitted by the Prosecutor alone cannot be found to have proved that the facts charged in this case

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake and misapprehension of legal principles.

2. The Defendant also asserted as identical to the above mistake of facts and misapprehension of legal principles, and the lower court rejected the Defendant’s above assertion on the grounds as indicated in its reasoning and found the Defendant guilty of the facts charged in this case.

Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.