The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

1. In full view of the following facts: (a) it appears that the Defendant had been placed at the time when it was discovered that the Defendant had been placed at the point of diving while driving; (b) the Defendant’s final drinking time reaches around 01:04 on April 4, 2015; and (c) the Defendant’s blood concentration level (0.114%) higher than the Defendant’s blood concentration (0.054%) out of blood due to the Defendant’s blood extraction measurement; and (b) the Defendant’s blood concentration level (0.14%) higher than the Defendant’s blood concentration during respiratory measurement, it may be deemed that the Defendant’s drinking measurement had already been made during blood alcohol concentration; and (c) at least the Defendant’s blood alcohol level exceeded 0.05% at the time of driving.

Although it can be seen, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio decision-making prosecutor.

In the law applicable to the defendant in the trial of the court, the prosecutor applied for the amendment of the indictment to "Article 148-2 (2) 2 of the Road Traffic Act" as "Article 148-2 (2) 3 of the Road Traffic Act", and "0.114% of alcohol level during blood transfusion" as "0.053% of alcohol level during blood," among the charges, the prosecutor applied for the amendment of the indictment to "Article 148-2 (2) 2 of the Road Traffic Act" as "Article 148-2 (3) of the Road Traffic Act", and since this court permitted the amendment and decided, the judgment of the court below

However, the prosecutor's assertion of mistake that is not contrary to the above reasons for reversal is still subject to the judgment of the court. Therefore, it will be examined to change the claim.

B. 1) The lower court’s determination on the assertion of factual mistake 1) on the grounds as stated in its reasoning, that “the Defendant driven a vehicle with approximately 500 meters alcohol level of about 0.114% in blood while under the influence of alcohol level of at least 0.14% at the entrance of the Dong-dong Hospital at the same time in order to high altitude around April 4, 2015,” was the previous facts charged prior to the instant change, and the alcohol level in blood at the time of actual driving is the Road Traffic Act.