The defendant's appeal is dismissed.

1. The summary of the grounds of appeal (legal scenarios) was that the Defendant’s blood alcohol concentration at around 20:47 on July 21, 2012 at the time of the pulmonary test conducted by the respiratory machine at around 0.051%, and the blood alcohol concentration at around 21:30 on July 21, 2012 at around 40 minutes after which approximately 40 minutes elapsed. The blood alcohol concentration at around 0.047% was 0.047%. Thus, the Defendant’s blood alcohol concentration as stated in the facts charged in the instant case cannot be concluded to have been determined to have been 0.05% or more of the blood alcohol concentration as stipulated in the Road Traffic Act at the time of the instant case. However, the lower court erred by misapprehending legal doctrine, thereby finding the Defendant guilty of the instant facts charged.

2. Determination

A. According to the evidence duly adopted and examined by the lower court as a result of the blood alcohol measurement conducted by the Defendant, the lower court: (a) was found to have performed drinking while drinking alcohol with the Defendant after completing around 17:00 on July 21, 2012; (b) the Defendant, after drinking alcohol, was driving in the instant case at a bar for more than three hours; (c) around 20:47 on July 21, 2012, when three hours have passed after drinking alcohol at the time; (d) the blood alcohol concentration at the time of drinking was 0.051%; and (e) the Defendant demanded a blood sampling measurement conducted by the police officer from blood sampling after the alcohol measurement conducted by the above respiratory; and (d) around 21:30 on July 21, 2012, based on the blood concentration of the Defendant at the Seosan Central Hospital, ④ blood alcohol concentration at around 201: 207 per cent on July 27, 2017.

B. Measurement methods based on the measuring instrument whether or not the blood alcohol concentration is not less than 0.05% are indirect measurement methods for the blood alcohol concentration, and there is an inherent measurement error in the machine itself, and there is a possibility that each person may have a different measurement values depending on physical constitution, and the possibility of malfunction or malfunction of the machine (【5%).