The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were driven in a state of drinking more than 0.1% of blood alcohol concentration.

B. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. On May 10, 2014, the Defendant: (a) around 20:47 on May 10, 2014, driven C Costex vehicle while under the influence of alcohol at least 0.1% of the blood alcohol concentration on the front road of the export city in Bupyeong-gu, Incheon.

B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the lower court.

(1) On May 10, 2014, while the Defendant was driving at a restaurant operated by the wife located in Seocheon K on the same day, around 20:47 on the same day, the Defendant shocked the taxi’s left side of the taxi running along the next lane from the Bupyeong-gu Incheon Bupyeong-ro, Bupyeong-gu, Incheon, and pushed down the tea from the next lane (hereinafter “instant accident”).

(2) After the instant accident, the Defendant made a statement that he did not take any measures and did not recognize the accident at all.

(3) The Defendant arrived at the house at around 20:50 on the same day and parked, and b1:09 to 21:19 on the same day dice 3 residues (562.5ml) in the alcohol house of the trade name called E.

(4) The Defendant measured alcohol content at around 22:02 on the same day and measured that blood alcohol content was 0.201%.

(5) The Defendant stated that the body was 61 to 62 km, and the body measured on May 14, 2014 was 63.6 km.

C. (1) Determination (1) As regards the blood alcohol concentration by 562.5ml, which the Defendant had adopted in favor of the Defendant after the completion of driving, it would be 0.084% [number of 0.04% x 0.06 x 0.06 x 0.94g/ml ( alcohol content) x 1 (the internal absorption rate) x 61k x 0.52 x 10, and 0.52 below the decimal point] when calculating by applying each of the depositee who has adopted in favor of the Defendant with respect to the blood alcohol concentration by 562.5ml (the blood absorption rate).

(2) After having finished driving at 0.201% of the Defendant’s drinking measurement depositee, the blood alcohol concentration by mathal gale is 0.084%.