The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant did not drive under the influence of alcohol at the time of the instant case.

After the occurrence of the traffic accident on the day of this case, the Defendant dices beer and boomed in the clocker Slock on the day of this case. Although there is no strict proof of the Defendant’s timing of drinking on the day of this case, the point of time of drinking and the amount of drinking, etc., the investigation agency calculated the Defendant’s blood alcohol concentration through the aforementioned dmark formula. In applying the above dmark formula, the Defendant calculated the Defendant’s blood alcohol concentration in numbers disadvantageous to the Defendant and driven the Defendant

The decision was determined.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of compliance driving) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On March 31, 2015, the Defendant was issued a summary order of KRW 8 million by the Gwangju District Court for a crime of violating the Road Traffic Act (drinking driving), etc.

On July 6, 2019, the Defendant, while under the influence of alcohol above 0.03% during blood transfusion around 13:15, driven a E-Adi A6 car from the front side of the C pharmacy in Gwangju-gu, Gwangju-dong to the front side of the Dong-gu, Gwangju-dong, about 2km.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

B. As to the above facts charged by the lower court, the lower court found the Defendant guilty by taking full account of the evidence.

3. Determination

A. The relevant legal principles may be used to estimate the blood alcohol level at the time of driving as a result of calculation based on a veterinary method, but for this purpose, strict certification is required for the premise facts, and in particular, in applying the above submark number in order to calculate the maximum blood level due to the absorption distribution of alcohol, the Defendant’s physical conditions, etc. shall apply a specific numerical value.