All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendant does not have driven a motor vehicle in a state of driving in excess of the standard values for punishment.

B. The lower court’s sentence of an unreasonable sentencing (a fine of four million won) is too minor or unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the legal doctrine is the rise in the blood alcohol level, or when it is difficult to determine whether the blood alcohol level at the time of driving under the law, even if the blood alcohol level measured at the time when a considerable time has passed since the completion of driving, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the punishment standard level.

Although there are differences for individuals, the blood alcohol concentration between 30 to 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 30 to 30 minutes after drinking has reached the highest level, and 0.08 to 0.03% (average 0.015%) per hour, and if the driving is in the rise season, there is a possibility that the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured.

However, even if there is an interval between the time and the time of the measurement of the blood alcohol concentration and the time of the measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard due to such circumstance.

In such cases, whether it was above the standard value of punishment even at the time of driving shall be determined in accordance with logical and empirical rules, comprehensively taking into account various circumstances acknowledged by evidence, such as the distance between driving and measurement, the difference between the measured blood alcohol concentration and the standard value of punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, and the situation of the accident if there was a traffic accident.