The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In fact, the Defendant was driving a drinking after 10 minutes of the final drinking time and measured again 59 minutes of the alcohol again, and the result was measured as 0.085% of the alcohol level during blood. In general, considering that the blood alcohol concentration between 30-90 minutes and 30 minutes of the final drinking time reaches the highest level, the Defendant was the result of 0.085% at the time of the measurement, and was in excess of 0.05% at the time of driving.

Inasmuch as it cannot be readily determined, the amount exceeding the standard value of punishment based only on only the measurement value.

The lower judgment erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The following facts can be acknowledged according to the evidence duly adopted and examined by the lower court.

A) The report on detection of a driver at the State stated that the Defendant stated that the police officer was N located in 21:10 on the same day as the date, time, and place of the final drinking, and that the Defendant was able to drive a 100-meter quantity for the purpose of drinking 30 meters of wheat 100 meters in order to fry fry and tobacco (the Defendant, in the process of the police investigation on October 6 of the same year, was able to drive a 20-meter fry quantity in order to drink 2 fry in his/her residence and cut tobacco.

(B) The Defendant’s circumstantial statement states that the Defendant’s Posing driver’s Posing driver’s Posing driver’s Posing driver’s Posing driver’s Posing driver’s posing driver’s posing on the face, the Defendant’s posing driver’s poss on the face

C) The Defendant parked a vehicle on the slope and parked the vehicle in front (at the time of shock, the Defendant was seated in the driver’s seat), and the police called the Defendant upon the victim’s report, and the police officer was able to get the Defendant into driving under the influence of alcohol depending on the remainder of smelling.

(d).