The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not have driven in the state of drinking at the time of the mistake of facts, but only dynasty dynasty, which was kept in the vehicle after the accident, before the towing engineer and the police arrive.

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

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of misunderstanding of facts: ① the Defendant sent a traffic accident wherein the Defendant was drunk while driving a vehicle after drinking alcohol; ② the towing engineer who immediately arrived at the scene immediately after the accident (at a place far away from the accident point) reported to the Defendant to the extent of 112, reported the Defendant to the extent of drinking alcohol; ③ the police officer who arrived at the scene upon receiving the report voluntarily operated the Defendant by using a police box; ② the blood alcohol concentration of the Defendant at the time was 0.16%; ② the towing engineer at the court of the court of the court below measured the Defendant’s blood alcohol concentration at 0.16%; ② the Defendant was snickly drunk to the Defendant at the time of the accident. The inside of the vehicle was also determined by the Defendant that there was no alcohol disease around the vehicle; ④ the Defendant was aware that there was no alcohol disease in the vehicle immediately after the outbreak of the vehicle, and ④ the Defendant stated within the court of first instance to the effect that he did not have any alcohol.