The defendant's appeal is dismissed.

1. The summary of the grounds of appeal (the factual errors and misapprehension of legal principles) and the point at which the Defendant finished driving (the time of August 15, 2019 23:30) and the point at which drinking alcohol was measured (the same day 23:47) fall under all blood alcohol concentration, and thus, it is unlawful to determine that the Defendant was proved to drive under the influence of alcohol based on the pulmonary precision and Medmark formula that took place after 17 minutes from the time the driving was completed.

2. Determination

A. In accordance with each evidence of the lower judgment, the lower court found the following facts: (a) the Defendant was discovered on August 15, 2019 in the blood alcohol level of 0.016% or higher than 0.03% or 0.046% higher than the punishment standard for the result of the alcohol measurement conducted in 23:47, the 17 minutes later; (b) the Defendant stated the final point of drinking during the police investigation as 23:00 or 23:15 on the same day; (c) the Defendant stated that the degree of remaining alcohol level of 2:00 or 23:15 on the same day; (d) the Defendant’s speech and behavior status of the Defendant at the time of the investigation report prepared by the enforcement officer; and (e) the driver’s blood level of the Defendant’s blood.

B. Furthermore, in light of the above facts found, the court below judged that even if the defendant's final drinking time is considered at any point of time 23:00 or 23:15, it is reasonable to view that the 23:30 at the time of blood alcohol level is in the rise of blood alcohol level. If it is assumed that the blood alcohol level of 23:30 at the time of control (final driving time) reaches the highest level, it is clear that the number is above 0.046% measured at 23:47, past 17 minutes, and that the blood alcohol level continuously increased until the 23:47 alcohol level, even if it is deemed that the blood alcohol level of 0.03% at the time, which is the most favorable to the defendant among the Badmark formula, is assumed to be an increase of blood alcohol level per hour.