The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. On November 24, 2012, the Defendant driven a B-ro vehicle under the influence of alcohol content of 0.121% (hereinafter “instant vehicle”) from the side of the Hungdong-gu Hungdong-gu Hungdong-gu Hungdong-dong, with the distance prior to the D-ro vehicle at the D-ro, under the influence of alcohol content of 0.121%.

B. According to the evidence duly admitted and examined by the court below, from November 24, 2012, 07:07:00 on the day, the Defendant her blood alcohol content was 0.049% at the time of the instant accident, and 1:0% of the Defendant 1’s blood alcohol content was 0.049% at the time of the instant accident, and the Prosecutor calculated the Defendant’s blood alcohol content was 0:0% at the time of the instant accident at the time of the instant accident, 17:31 on the same day to 0:0% at the time of the instant accident, and 4:10% at the time of the instant accident, the Defendant 1:5% at the time of the instant accident, which was 0:0% at the time of the instant accident, and 1:50% at the time of the instant accident, at the time of the traffic survey by the public prosecutor at the Heungdong Police Station at around the same day 17:31, 2012.

Although the blood alcohol concentration caused by scambling and drinking is personal, it has reached the highest level between 30 minutes and 90 minutes after drinking.