The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The possibility that blood alcohol concentration at the time of driving is lower than that of the blood alcohol concentration measured cannot be ruled out, since the Defendant’s blood alcohol concentration at the time of measuring the Defendant’s blood alcohol concentration at the time of measuring the misunderstanding of facts, and the evidence submitted by the prosecutor alone cannot be deemed as proven beyond a reasonable doubt that the blood alcohol concentration at the time of driving was more than 0.03%.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 23, 2019, the summary of this part of the facts charged is indicated as “0.03%” in Articles 2 and 3 of the lower judgment’s 0.03% alcohol level around 22:50 on November 23, 2019, but it is clear that this is an erroneous entry of “0.03%”, and even if it is corrected ex officio, it does not cause substantial disadvantage to the Defendant’s exercise of his/her right of defense. Thus, such correction

A while under the influence of alcohol above, DMW530i car was driven from approximately 300 meters to the front road of the same city from the roads of the Gyeonggi-do.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

B. The lower court found the Defendant guilty of this part of the facts charged on the grounds indicated in its reasoning.

C. In a situation where it is impossible to determine whether the blood alcohol level at the time of the judgment of the political party is the rise in the blood alcohol level or at the time of the lower lecture, even if the blood alcohol level measured at the time when a considerable time has elapsed from the time of the completion of the operation, it cannot be readily concluded that the blood alcohol level at the time of the actual driving exceeds the punishment standard.

There are differences for each individual, but after drinking.