The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty on the facts charged in this case by violating the rules of evidence and misunderstanding the facts, on the ground that the police officer in charge of driving a misunderstanding of facts did not have been 20 minutes prior to the expiration of 20 minutes from the Defendant’s final drinking time, immediately conducted a blood alcohol measurement for the Defendant, thereby making excessive measurement due to the remaining alcohol in the mouth.

B. The sentence (7 million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, unless there are special circumstances to deem that the first instance court clearly erred in the determination of the credibility of the statement made by a witness of the first instance, or in view of the results of the first instance court’s examination and the results of the additional examination of evidence by the time of closing argument in the appellate trial, maintaining the first instance court’s determination of the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court shall respect the determination of the credibility of the

(1) The lower court’s examination of the evidence duly admitted and examined based on the aforementioned legal doctrine reveals the following facts and circumstances acknowledged by the evidence duly adopted and investigated at the lower court and the lower court’s conviction of the Defendant as to the instant charges, following the process of examining the witness with respect to the police officer D, etc. regulating drinking driving. In addition, the lower court acknowledged credibility and convicted the Defendant of the instant charges. In addition, the following facts and circumstances acknowledged by the evidence duly adopted and investigated at the lower court and the lower court, namely, ① the Defendant around 19:00 on July 24, 2014.