The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of the facts as to the acquittal portion of the reasons) is as follows: (a) on January 18, 2017, when the Defendant was driving from around 22:39 to around 2 minutes, the alcohol concentration in blood from around 22:41 on the same day is 0.1%; (b) the alcohol measuring machine used by the police is less than 5% of the alcohol concentration measured through the correction of the measured value; (c) the permissible error range is within 【005% based on 0.1%; (d) the alcohol concentration in the actual blood of the Defendant is 0:475% from around 22:475% on the same day to 0.5% on the same day; (e) the Defendant’s blood concentration in blood from around 10:22:535% on the same day after the lapse of 19 minutes on the same day; and (e) the Defendant’s blood concentration in light of 15.1% on the date when he was driving.

2. The lower court determined that the Defendant’s blood alcohol concentration exceeds 0.1% of the punishment standard value on the sole basis of the evidence presented by the Prosecutor while explaining the grounds for the determination in detail.

Considering that it cannot be readily concluded, this part of the facts charged was acquitted.

In light of the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous is without merit.

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.