The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles (as to the part 1302 higher part of the judgment of the court below), the Defendant violated the Road Traffic Act (drinking) (e.g., drinking), since the Defendant was at the time of drinking alcohol measurement, which led to an increase in alcohol level during blood alcohol level at the time of drinking measurement, Article 148-2(3) of the Road Traffic Act, instead of Article 148-2(3)2 of the Road Traffic Act, shall apply to the Defendant’s pulmonary measurement value favorable to him

2) Since it is evident that only a vehicle parked as a result of the instant crime committed by the Defendant in violation of the Road Traffic Act (unnecessary measures after the accident) and the degree of the damage is insignificant and the safety measures are not separately required, Articles 148 and 54(1) of the Road Traffic Act cannot be applied, and Article 156 Subparag. 10 of the Road Traffic Act (hereinafter “persons who did not provide personal information to the victim pursuant to Article 54(1)2 in cases where it is obvious that only a vehicle parked or stopped was damaged,” should be applied.

B. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment of the misunderstanding of facts and legal principles 1) Determination of whether to trust the measuring value of drinking caused by a pulmonary measuring instrument for a violation of road traffic law (dacting driving) and the measuring value of drinking caused by a blood test is a matter of selecting evidence by the judge’s free evaluation. However, in the case of a measurement by a pulmonary measuring instrument, the accuracy and reliability of the measurement results may be at issue depending on the state of the measuring instrument, measuring method, the degree of cooperation of the other party, etc., unless there are special circumstances that make it difficult to believe the result of the measurement by blood gathering, such as artificial manipulation or interference by the person in charge, etc. during the collection or testing process, the measuring value by blood testing is adjacent to the blood alcohol concentration at the time of measurement than the measuring value of drinking by the pulmonary measuring instrument.