The judgment of the court below is reversed.

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

Of the facts charged in the instant case.

Summary of Grounds for Appeal

A. Defendant 1) In light of the empirical rule of mistake of facts, the blood alcohol concentration between 30 minutes and 90 minutes after the completion of drinking. Thus, it cannot be readily concluded that the Defendant’s blood alcohol concentration exceeds 0.05% at the time of driving of the instant case. Nevertheless, the lower court, which recognized the Defendant’s blood alcohol concentration as the Defendant’s blood alcohol concentration at the time when the Defendant’s blood alcohol content was measured after the lapse of 89 minutes after the accident, was erroneous in the misapprehension of facts. 2) The lower court’s imprisonment (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Whether there is mistake of mistake

A. On December 3, 2014, the Defendant: (a) driven a K5 vehicle (C) while under the influence of alcohol of 0.088% of the blood alcohol concentration around 23:40 on December 3, 2014; and (b) driven the road in front of the Donnam-gun, Donnam-gun, Donnam-gun, along with one lane from the village of the water port to the village of the water port.

B. The relevant legal principles cannot determine whether the time when a drunk driving was conducted belongs to the country where the blood alcohol concentration is rising toward the highest level or belongs to the country where he/she is taking the highest level, and rather, in cases where there is a possibility that the blood alcohol concentration may increase in the national side where he/she is taking the highest level after reaching the highest level, the blood alcohol concentration at the time of driving cannot be confirmed by applying only the part concerning the decomposition extinguishment after a considerable time from the time when the blood alcohol concentration was measured after the time when the drunk driving was conducted, based on the blood alcohol concentration which was measured after a considerable time from the time when the blood alcohol concentration was measured (see Supreme Court Decision 2006Du15035, Jan. 11, 207). According to general medical opinions, the blood alcohol concentration by drinking is ordinarily different for each person, depending on the physical quality of the examiner, the kind of drinking alcohol, the degree of drinking alcohol, and the degree of food and drink at the time of driving.