The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant does not have been driving under the influence of alcohol with a blood alcohol content of at least 0.05%.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. On December 21, 2014, the Defendant, while under the influence of alcohol at 0.051% of alcohol level around 19:50 on December 21, 2014, driven a DNA car (hereinafter “instant car”) at a section of about 50 meters from the front day of the Gyeyang-gu Incheon Metropolitan City to the roads front day of the Youngnam Village, Youngnam Apartment at approximately 878, the same funeral.

B. (1) Determination is based on the blood alcohol concentration measured after a certain time from a specific driving point of time, and it is necessary to prove that the blood alcohol concentration at the time of driving can be measured by adding the blood alcohol concentration to the blood alcohol concentration at the time of driving, unless it is possible to measure the blood alcohol concentration at the time of driving, by using the so-called Hemark formula. However, in a case where the empirical rule, such as scientific public awareness, is used to find out the existence of the elements of crime, individual and specific facts, which are the premise for the application of the rule of law, should be proved. Meanwhile, in order to estimate the blood alcohol concentration at the time of driving by adding the blood alcohol concentration at the time of driving after a certain time after a specific driving point of time according to the dmark formula, the degree of normal alcohol alcohol, physical quality, speed of drinking, degree of influence after drinking, etc., there is no reasonable doubt that the above factors in criminal trial would have to affect the judge's blood alcohol concentration at the time of driving.