The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the violation of the Road Traffic Act (the act of driving under the influence of alcohol)) : (a) the Defendant drank 1 sick per week prior to 36 hours prior to the crackdown on driving under the influence of alcohol; and (b) drank 2 canscam on the day of the crackdown on driving under the influence of alcohol; (c) the level of alcohol concentration in the blood was high due to the degradation of function

Therefore, it cannot be recognized that the defendant was driven under the influence of alcohol level 0.157% while blood, and there was no intention to drive under the influence of alcohol.

Nevertheless, the judgment of the court below which judged otherwise and found the defendant guilty of this part of the facts charged is erroneous.

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

2. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of fact and the evidence duly admitted and investigated by the first instance court and the lower court, the Defendant could fully recognize the fact that the Defendant driven under the influence of alcohol with a alcohol level of 0.157% as stated in this part of the facts charged, and at least there was an incomplete intention for the Defendant to drive under the influence of alcohol at the time of committing the instant crime.

It is reasonable to view it.

Therefore, the defendant's assertion of mistake is rejected.

① At the time of regulating the Defendant’s blood alcohol driving, the Defendant’s blood alcohol concentration was 0.157%, and there was an error in the result of the measurement of such drinking alcohol.

may not find any circumstance that may be determined by a person.

The Defendant recognized the above values from the point of regulating drinking driving to the court of the court below, such as not requiring a measurement of drinking due to blood collection at the time of regulating drinking driving, etc., and did not dispute the intention of drinking driving.

② Each of the following is described as “rhyth of the horses”, “a little trhy-frhy-frhy-frhy-frhy-frhy-frhym”, and “a little red-frhy-frhym” in the driver’s blood column prepared by FF at the time of control (No. 2 pages 10).