The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (the factual error) did not prove that the Defendant was under the influence of alcohol above 0.05% of alcohol at the time of driving.

Nevertheless, the court below made a judgment of conviction, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged was around 01:00 on March 1, 2017, the Defendant driven a CCo-sports cargo vehicle while under the influence of alcohol leveling 0.087% from the 1km section to the 21m highest from the Cheongju-si and the Cheongju-si parking lot.

B. The lower court found the Defendant guilty on the ground that it is difficult to find that the Defendant was under the influence of alcohol by 0.087% at the time of driving, as stated in the facts charged, at least 0.05% of the blood alcohol level. However, the lower court found the Defendant guilty on the ground that the Defendant had been in a state of alcohol level exceeding 0.05% of the blood alcohol level.

(1) The lower court acknowledged the following facts by comprehensively taking account of the evidence duly admitted and examined.

㈎ 피고인은 2017. 3. 1. 01:05경 B모텔 주차장에 차량을 운전하여 와 주차를 마쳤는데, 그 날 아침에 이르러 위와 같이 운전한 사실을 기억하지 못하여 08:53경 ‘어제 저녁 7시경 주차 후 대리를 하려고 와서 확인해 보니 차가 없어졌다’면서 차량 도난신고를 하였다.

㈏ 피고인은 2017. 3. 1. 09:36경 호흡측정을 하였고, 측정된 혈중알코올농도는 0.019%였다.

Based on this, the police, around 01:00 on March 1, 2017, estimated the blood alcohol concentration of the defendant to 0.087% [=0.019 (516/60 x 0.08), and the small numbers below the second decimal point].

㈐ 피고인은 2017. 3. 1. 00:35경 ‘D노래연습장’에서 20,000원을 카드로 결제하였다.

㈑ 피고인은 2017. 3. 6. 경찰에 출석하여 주취운전자 적발보고서를 작성할 당시 최종 음주일시를...