The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principles), even if based on the defendant's statement, there is about 90 minutes of time interval between the time when the drinking driving was conducted and the time when the drinking was measured, and even if the distance does not exceed 90 minutes, it is sufficient to recognize that the blood alcohol concentration at the time when the defendant's driving calculated in accordance with the Badmark formula was 0.102% and that the defendant was driven under the influence of alcohol exceeding the punishment standards at the time. However, the court below acquitted the defendant of this part of the facts charged, and there is an error of law

2. The facts charged and the judgment of the court below

A. On September 17, 2010, the Defendant was sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Suwon District Court’s House on September 17, 2010; a fine of KRW 5,00,000 for a violation of the Road Traffic Act (driving) on March 5, 2012; and a fine of KRW 7,00,000 for a violation of the Road Traffic Act (driving) on July 9, 2012 at the Seocheon Branch of the Daejeon District Court’s Branch on March 5, 2012.

On December 4, 2012, at around 22:20, the Defendant driven a D rocketing car (hereinafter “Defendant vehicle”) with a blood alcohol concentration of about 0.102% under the influence of alcohol from the front road of the “Cnonob bank” located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-do to the large intersection road located in the Daean-dong, Seoan-gu, Seoan-do.

B. The lower court determined each of the following facts: (a) the Defendant had drinking from December 4, 2012 to December 22:30 to 22:00; (b) the Defendant caused a traffic accident while driving the Defendant’s vehicle on the same day at around 22:20; and (c) on December 5, 2012, the Defendant measured the blood alcohol level by 0.017% as a result of the measurement by a drinking-free measuring instrument at around 10:13, 201 on December 5, 2012; and (b) whether the blood alcohol level at around 22:00 on December 4, 2012 when the Defendant driven was in a situation where the blood alcohol level exceeded the highest level.