The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The Defendant, while under the influence of alcohol level of 0.084% on February 19, 2013, at around 23:20, driven Ci30 vehicles at a section of approximately 200 meters from the sangdong, Yangdong, Sinpo-si, Sinpo-si, Sinpo-si, for approximately 00 meters in front of the king-si, Sinpo-si, Sinpo-si.

2. The lower court’s determination: (a) the instant measurement was conducted around 23:20 on February 19, 2013; (b) the date and time of the final drinking was indicated on February 19, 2013; and (c) it cannot be readily concluded that drinking was conducted after 20 minutes passed since the date and time of drinking was indicated on February 19, 2013; and (b) the report on the results of the influence control and the situation of drinking drivers stated “the draft” as “the draft,” but the Defendant argued that the draft was not in place at the time of the preparation of each of the above documents; (c) the police officers who controlled the Defendant stated that “the Defendant was in place of drinking water, but did not memory whether the Defendant was in place of drinking water at the time of investigation; (d) the police officers, who claimed that the Defendant did not have drinking water at the time of the examination on the Defendant; (e) the Defendant did not seem to have reached a certain level of alcohol remaining in the Defendant’s 20th alcohol level after drinking measurement.”