The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: although the Defendant, who had driven a breath alcohol level of 0.050% in blood, was acquitted by the Defendant, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following circumstances, which are acknowledged by the records, based on the judgment of the court below, (i) the method of measuring alcohol level by a drinking gauge is the indirect method of measuring the blood alcohol level, and there is an error in the measurement inherent in the machine itself, and there is a possibility that each person may have a different measurement level depending on the physical constitution, and the possibility of the malfunction or malfunction of the machine is difficult to entirely exclude the possibility of the malfunction or malfunction (see Supreme Court Decision 2001Do6119, Jan. 11, 2002). (ii) the statement report on the circumstances of the driver by the main driver, stating that the Defendant’s speech state is “rhythm,” “a few irregular color,” but the driver’s blood color is indicated as “a little red color,” but the Defendant dymhnizing the horses by a drinking level 5 without a physical disability with the detection of alcohol level of 0% or more in the state of alcohol level 50% or more in the state of blood alcohol level.

It is difficult to recognize

The judgment of the court below is just, and there is no error by mistake of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.