The judgment of the court below is reversed, and the case is remanded to the Chuncheon District Court Panel Division.

The grounds of appeal are examined.

1. (a) Article 44(2) of the Road Traffic Act provides that “A police officer shall be deemed necessary to ensure the safety of traffic and prevent danger or shall have driven a motor vehicle under the influence of alcohol in violation of paragraph (1);

If there is a considerable reason to designate a person, the pulmonary examination may be conducted to determine whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

“......”

In addition, paragraph 3 can re-examine the driver who is dissatisfied with the result of the measurement under paragraph 2 by means of blood collection, etc. with the consent of the driver.

“......”

In the course of investigating into drinking driving, in a case where the pulmonary measurement under Article 44(2) of the Road Traffic Act has been conducted with respect to a driver suspected of driving alcohol in the course of performing an investigation into the driving of drinking alcohol, it is necessary to re-measurement of drinking alcohol so long as the scientific and neutral pulmonary measurement measurements have been derived therefrom, and thus, it is unnecessary to do so unless the driver objects to the said measurement (see Supreme Court Decision 2014Do16051, Jul. 9, 2015). In addition, in light of the aforementioned provisions of the Road Traffic Act, it is not in principle permissible to re-measurement of drinking alcohol level by a police officer who measured the pulmonary measurement method, barring any special circumstance, to inform the driver that the breath level of alcohol in blood can be re-measurementd through blood collection method, barring special circumstances.

shall not be deemed to exist.

B. The aforementioned dmark formula is merely a method of collecting evidence according to the empirical rules as to whether a driver drivess while drinking (see Supreme Court Decision 2004Do8387, Feb. 25, 2005). Therefore, even if a police official’s existence of the dmark formula and the degree of alcohol in blood due to respiratory measurement falls short of the level of punishment for drinking, the dmark formula is a reverse calculation method according to the above dmark formula.