The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. There is no objective evidence to prove that the Defendant had a blood alcohol content of 0.23% at the time of driving the instant vehicle.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. Ex officio determination ex officio, the prosecutor examined the case at issue, and the prosecutor applied for changes in the indictment with the contents that "in the state of 0.233% (blood appraisal value) of blood alcohol concentration" as "in the state of 0.05% or more of blood alcohol concentration," and the applicable provisions of Article 148-2 (2) 1 of the Road Traffic Act as "Article 148-2 (2) 3 of the Road Traffic Act" were changed to "Article 148-2 (3) of the Road Traffic Act." Since this court permitted this, the judgment of the court below was no longer maintained, and the defendant denied this as to the changed charges.

B. Whether the blood alcohol concentration is more than 0.05% or not 1) In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is higher or lower time, even if the blood alcohol concentration measured at the time when driving was completed at a considerable time after the completion of operation, it cannot be concluded that the blood alcohol concentration at the time of actual driving exceeded the penal standard. Although there are differences for each individual, it cannot be concluded that the blood alcohol concentration at the time of actual driving exceeded the penal standard. Although the blood alcohol concentration at the time of actual driving between 30 minutes and 90 minutes after drinking, it is generally known that the blood alcohol concentration at the highest price has reached the blood alcohol concentration at the time of 0.08% and 0.03% per hour thereafter (average 0.015% per hour. If the operation is completed, there is a possibility that the blood alcohol concentration at the time of operation lower than the blood alcohol concentration at the time of actual measurement.

However, there is an interval between driving time and blood alcohol concentration measurement time.