The judgment of the court below is reversed.

The defendant shall be innocent.

1. The purport of the grounds for appeal was not to drive under drinking.

2. On August 31, 2012, the Defendant was under influence of alcohol with a blood alcohol concentration of 0.107%, and around 20:20, on August 31, 2012, the Defendant driven approximately 200 meters from 10 SK apartment 105, Dongdaemun-gu Seoul, Dongdaemun-gu, Dongdaemun-gu, Seoul to the underground parking lot of the Dongdaemun-gu 80-1 Cheongak-dong, Dongdaemun-gu.

3. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court, the Defendant driven the foregoing Oral ion while drinking alcohol on August 31, 2012 at around 20:20, but the hours for measuring drinking alcohol are 21:23 on the same day, and the final drinking hours are 20:10.

B. Whether to drive alcohol or not (1) The blood alcohol concentration is 0.107% of the blood alcohol concentration by the blood alcohol measurement of this case is 0.107% of the blood alcohol concentration by the alcohol measurement of this case, not at the time of crime (20.20%). <2> The blood alcohol concentration by drinking generally differs depending on the person’s body quality, kinds of drinking alcohol, drinking speed, and degree of food that is disguised at the time of drinking, etc., and later, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, has reached the highest level of 0.08% by 0.08% per hour (average 0.015%) and 0.03% (average 0.015%). If the above opinion shows that the blood alcohol concentration of 20.3% of the blood alcohol concentration by the above 20.4% of the official blood alcohol concentration can not be applied to the above 9.2% degree of 10.5% of the alcohol concentration after drinking, and it can not be applied to the above 20.9% of the officially known blood concentration.