The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of this part of the facts charged even if the defendant had been fully aware of the blood alcohol concentration of 0.2% or more at the time of driving, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of six million won) is too uneased and unreasonable.

2. Determination

A. The lower court determined a mistake of facts: (a) under the circumstance that it is difficult to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is higher or lower time; (b) even if the blood alcohol concentration measured at the time when the driving is completed at a considerable time after the completion of the operation, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeded the penal standard; (c) this is different for each individual, but it is generally known that the blood alcohol concentration at the time of 30 to 90 minutes after drinking did not reach the highest value, and that the blood alcohol concentration at the time of driving at 0.08 to 015% per hour (average approximately 0.08%) is generally known to reduce the blood alcohol concentration at the time of driving under the same provision of the Road Traffic Act (see, e.g., Supreme Court Decision 200Do1638, Oct. 24, 2013; and (d) the Defendant appears to have been lower than the blood alcohol concentration at the time of driving under the same provision of the Road Traffic Act.