The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court’s sentencing (two years of suspended sentence of one year, eight hours of community service, and twenty-four hours of lecture of compliance driving) is too unreasonable.

B. The prosecutor (not guilty part of the judgment below) did not notify that the result would exceed the standard value of punishment for drinking driving and that the blood alcohol concentration can be measured again by means of blood collection method, inasmuch as the blood alcohol concentration at the time of driving is calculated by reverse climatic method based on the reverse climatic formula as a result of lawful pulmon measurement.

such probative value may not be denied.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is a person engaging in driving a vehicle of CK5 vehicles.

On June 30, 2016, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.066% in light of light blood alcohol level on 03:38 on June 30, 2016, and proceeded to the intersection of the Mat in front of the Mat in Gumi City D at the surface of the mouth of a drinking ward at the mouth of the mouth.

B. The judgment of the court below is likely to require the measurement of blood alcohol concentration by blood gathering if the defendant knew that the blood alcohol concentration at the time of driving can be calculated by the reverse climatic method according to the above climatic formula at the time of measurement of alcohol concentration among blood by the climatic method.

However, the police officer in charge was deprived of the opportunity to measure alcohol concentration in blood by means of blood collection when the result of the breath measurement falls short of the standard amount of punishment for drinking driving.

Since the probative value of the result of pulmonary measurement cannot be recognized, this part of the facts charged constitutes a case where there is no proof of crime.

(c)

1) The judgment of this court is ① to examine the driver’s blood or respiratory samples immediately after driving while driving alcohol.