The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is that the Defendant, while under the influence of alcohol content of not less than 0.05% at the time of the instant case, did not drive an automobile while under the influence of alcohol content, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. The sentence (1.5 million won) imposed by the lower court is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The gist of the instant facts charged is that “The Defendant driven a motor vehicle under the influence of alcohol concentration of 0.091% in the blood transfusion on February 19, 2017,” “The Defendant driven a motor vehicle under the influence of alcohol content of 0.091%.”

B. According to the records of this case, the Defendant’s final drinking time on the day of this case is around 21:54, 22:30, and 22:43, and the time when the drinking is measured through blood collection through blood testing is around 23:40, and the time when the drinking is measured through blood sampling is 0.056%, and the blood collection result’s blood alcohol concentration is 0.091%.

(c)

Comprehensively taking account of the following circumstances revealed by the above facts, the evidence submitted by the prosecutor alone is insufficient to recognize the Defendant to the extent that he was under the influence of alcohol 0.091% or at least 0.05% under the influence of alcohol during blood at the time of the instant case, or that he was driving a motor vehicle under the influence of alcohol at least 0.05%, and there is no other evidence to prove otherwise.

① Since blood collection from the Defendant was conducted after about 70 minutes after the end of driving, the alcohol content at the time of the actual driving of the Defendant was 0.091% of the blood collection as a result of blood collection by the Defendant.

It is difficult to readily conclude.

② Although the Defendant’s pulmonary measurement was performed when approximately 13 minutes have not passed since the end of the driving, the Defendant’s end and time of the pulmonary measurement ( approximately 36 minutes and approximately 49 minutes from the end of the driving).