The judgment of the court below is reversed.

Of the facts charged in this case, the charge of violating the Road Traffic Act (driving) shall be acquitted.

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles, the Defendant’s blood alcohol level measured by pulmonary measurement method after about 48 minutes from the date of the occurrence of the instant accident was 0.047% below the drinking alcohol level. At the time, the police officer did not explain the possibility of applying the reverse acid method by the Medmark formula, and the existence of the method of measuring the blood alcohol level by blood recovery, etc., so the Defendant left home.

However, at the time of the occurrence of the instant accident, the police officer again investigated the Defendant on the ground that the blood alcohol concentration of the Defendant was 0.053%, which was presumed to have been applied to the AF model model 4 days after the occurrence of the instant accident. Based on this, the police officer instituted the instant prosecution.

However, there may be an error in the application of the Badmark formula, and the blood alcohol concentration calculated accordingly exceeds the permissible limit in law, so it cannot be readily concluded that the defendant was driving under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged 1) The Defendant is a person engaging in driving B dump trucks. The Defendant, around June 7, 2015, driven the above truck on the 06:38th day of June, 2015, while driving the fump truck and driving the fump 1 line road at the 1046 km from the direction to the east at the speed of about 60 km from the direction of the direction, while driving the fump truck, the Defendant was going beyond the central line in order to pass the dump car at the age of 58 drivers to pass the fump car at the speed of the fump.m., while driving the fump truck, the Defendant stated the instant indictment in light of the records of the instant case on the left side of the fump vehicle that attempted to turn to the left.