The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of measuring the alcohol level by mistake of fact, the Defendant was driving under the influence of alcohol with a concentration of not less than 0.1% in blood, and thus, the Defendant was under the influence of alcohol with a concentration of not less than 0.1% in blood.

shall not be deemed to exist.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. The judgment of the court below on the assertion of mistake of fact is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the alcohol level in blood was 0.110% as a result of the drinking test conducted by the drinking gauge immediately after the control over the Defendant’s driving of alcohol, ② Even according to the situation report prepared by the police officer controlling the Defendant, the Defendant was divided into the Defendant at the time, suling, suling, and suling, and showing a small distance, and the face was recorded as 0.175% at the face, and the blood collection test conducted after approximately 1 hour and 30 minutes at the time of the final drinking. Considering that there is room for the possibility that the blood collection test conducted after about 1 hour from the point of time of driving to the point of time of the final drinking, and thus, it constitutes an increase of alcohol level in blood alcohol level at least 0.1% of alcohol level during the driving of the instant case at least at the time of driving.

Recognized.

This part of the defendant's assertion is not accepted.

3. The driving of drinking alcohol to determine the unfair argument of sentencing is a highly likely crime that threatens to threaten the life and body of others as well as his/her own, and requires strict punishment.

On the other hand, the fact that the defendant recognizes and reflects his mistake, and that the defendant has no record of punishment for the same kind of crime is favorable.

In addition, in full view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, and motive for committing the crime, the sentence of the court below is somewhat inappropriate.