The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendant was driving immediately after drinking on the day of the instant case and the accident occurred, and the time of the accident is 17:00 square meters, not around 19:30 square meters.

Therefore, the Defendant did not drive a vehicle around 19:30 as stated in the facts charged of the instant case.

2) While the alcohol content among the bloods measured by using the pulmonary measuring instrument is 0.104%, while the blood concentration among the bloods measured by collecting blood is 0.220% higher than that, it is difficult to believe that the alcohol content concentration in the bloods through blood tests is 0.220% higher than that.

In addition, the time of measuring alcohol by using one-pulmonary measuring instrument is about 20:47 on the day of this case, and the time of collecting blood for the purpose of measuring alcohol is about 21:15 on the same day, so long as the blood was measured at the point of three to four hours after drinking at around 21:15 on the same day, the alcohol concentration in blood was calculated without considering the physical condition of the defendant, although considering the physical condition of the defendant, the alcohol concentration in blood against the defendant was calculated.

3) Nevertheless, the lower court erred by misapprehending the legal doctrine and misunderstanding the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. On the day of the instant case, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the Defendant at the trial court as to whether the Defendant was driving at around 19:30 on the day of the instant case (i.e., the Defendant at the time of the instant case, when driving a vehicle under drinking conditions, went to the left-hand side of the road of the maximum frithm gymp site located on the front side of the Yannam budget-gun-gun, the Defendant left the road at the right-hand side of the Yannam city, and turned to the right-hand side. The Defendant reported to the police by the witness to the police, and measured drinking after the Defendant sent to the hospital, and ② The Defendant measured the Plaintiff’s respiratory level.