The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal is that the Defendant is not guilty of misapprehending the legal principles, even though he/she can be found guilty of the blood alcohol concentration at 0.053%, as he/she did not have to dysule alcohol concentration in blood during a long time, since he/she cannot be deemed to have dysuled during blood, and as he/she measured the alcohol level at 0.053% from the driving

2. The facts charged in this case and the judgment of the court below

A. The Defendant was sentenced to a fine of KRW 5 million on April 25, 2013 for a violation of the Road Traffic Act at the Gwangju District Court of Gwangju, and was in violation of the duty of prohibition on driving at least twice under the influence of alcohol upon receiving each summary order of KRW 1 million on November 27, 2006 and KRW 2 million on October 13, 2008.

Nevertheless, the Defendant, while under the influence of alcohol content 0.053% among blood transfusions on January 5, 2017, driven a 50-meter c rocketing car owned by the Defendant, at the front of a hospital located in the Songdong-dong in Gwangju Mine-gu, in front of the hospital located in the Songdong-dong in the same Gu, a 50-meter section at the front of a restaurant.

B. The lower court determined that, in light of the Defendant’s final drinking time, the point of time of driving, and the point of time of respiratory measurement, it was impossible to determine whether the blood alcohol concentration at the time of the respiratory measurement was increased or lower time, and that 0.053% of the respiratory measurement level exceeded 0.05% of the punishment base value, and that the visual statement of the driver’s driver was not proven to be beyond 0.05% of the alcohol concentration at the time of driving on the ground that the snow in the main driver’s oral statement was expressed in normal conditions.

In light of the above, innocence was pronounced.

3. Determination on whether a deliberation was made

(a) The interval between the point of time of driving alcohol and the point of time of measuring the alcohol concentration in the blood, and the point of time is visible to increase the blood alcohol concentration in the blood;

Even if such circumstance alone, it is proved that the alcohol concentration at the time of actual operation exceeds the standard value of punishment.