The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. Summary of grounds for appeal;

A. The blood alcohol concentration at the time of actual operation did not exceed the punishment standard. The blood alcohol concentration at the time of actual operation did not exceed the punishment standard value.

B. In light of the legal principles, the Defendant was subject to illegal coercion in the course of measuring drinking alcohol.

C. The lower court’s sentence of unreasonable sentencing (the fine of three million won and the cost of lawsuit) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of fact is difficult to determine whether the blood alcohol level at the time of driving under the influence of alcohol level or at the time of summer, even if the blood alcohol level measured at the time when the driving was completed for a considerable time after the completion of the operation, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the punishment standard. Although there are differences for individuals, it is generally known that the blood alcohol level at the time of operation exceeds the maximum value between 30 minutes and 90 minutes after drinking, and that the blood alcohol level at the time of operation is reduced by about 0.08% and 0.03% (average approximately 0.015%) per hour thereafter. If the driving is at the time of the operation, there is a possibility that the blood alcohol level at the time of operation is lower than the blood alcohol level actually measured.

However, even if there is an interval between the time and the time of the measurement of the blood alcohol concentration and the time of the measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard due to such circumstance.

In such cases, whether or not there was a punishment level higher than the standard level even at the time of driving, the distance between the time between the driving and the measurement, the difference between the measured blood alcohol concentration and the standard value for punishment, the continuous time and drinking, the driver's behavior level at the time of the measurement, and the situation of the accident if there was a traffic accident.