The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Inasmuch as 0.128% of the blood alcohol content measured as pulmonary measuring instruments after committing the Defendant’s crime, the blood alcohol content to be applied to the Defendant ought to be 0.205% not to be 0.205% as a blood test, but to be 0.128%.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, there is a problem of accuracy and reliability of the measurement result with respect to the measurement by the respiratory tester’s condition, measuring method, degree of cooperation of the other party, etc., barring any special circumstance that makes it difficult to believe the result of the measurement by blood gathering, such as artificial manipulation in the process of blood collection or examination, or the error by the person concerned, etc., the blood testing’s blood alcohol level is more adjacent to the blood alcohol level at the time of measurement than the blood alcohol level by the respiratory tester’s pulmonary measuring method.

(2) In light of the aforementioned legal principles, the following facts and circumstances, which can be acknowledged by the evidence duly admitted and investigated by the lower court, are sufficiently recognized by the Defendant under the influence of alcohol while drinking alcohol level of 0.205%. Thus, the Defendant’s assertion of misapprehension of legal principles is without merit.

(1) On July 18, 2018, the Defendant was found to have a drunk driving by a police officer called upon receiving a report on July 18, 2018, and was found to have been driven by the Defendant, and the police officer conducted a respiratory measurement against the Defendant on the same day, and was measured with 0.128% of blood alcohol concentration.

Accordingly, the Defendant demanded blood collection, and as a result of blood collection and measurement, the blood alcohol concentration was 0.205% measured.

(2) On August 1, 2018, the Defendant drank 2-3 illness from the police on July 17, 2018 until July 24:00.

'Written Statement'

(22 pages) On the other hand, the defendant.