The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Error of facts (the fact of violation of the Road Traffic Act) (the fact of violation of the Road Traffic Act) committed by the Defendant, around 01:04 on March 8, 2019, the Defendant visited the Defendant’s house at the rate of 08:0 to 08:30 on the same day, and did not result in the reaction of drinking, even though he visited the Defendant’s house at the rate of

At around 09:23 on the same day, the Defendant measured alcohol level of 0.029% as a result of the blood alcohol level measurement conducted in the Oral District, but this was measured by the alcohol content of the oral Cheong River refining previously used.

Therefore, it cannot be deemed that the Defendant was under the influence of alcohol by 0.088% at the time of driving, based on the measurement value of the above 0.029%.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 8, 2019, the Defendant, among the facts charged in the instant case, driven a motor vehicle with Dialk in the state of alcohol alcohol concentration of about 0.088% at the section of about 15km from the Do near Yan-si B to the roads near Cheongju-si, Cheongju-si, Cheongju-si.

B. The measurement of the blood alcohol concentration by the respiratory measuring apparatus of the relevant legal doctrine shows a higher level of alcohol level than the actual blood alcohol level in a case where the alcohol level by the respiratory measuring apparatus, which was absorbed into the breath in blood, is measured when the alcohol level in blood, which was melted into the breath through the breath body, has not passed a considerable time from the final alcohol level, or when the alcohol level in the breath body is measured together with the breath body’s breath body, etc., with the breath body’s discharged in the breath body, and thus, the blood alcohol concentration by the breath body without the breath body’s body part put into the breath body part into the breath body. Therefore, the result of the measurement of the blood alcohol concentration by the breath body alone is the same as the blood alcohol concentration.