The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the various evidences submitted by the prosecutor, the court below found that the defendant driven a car under the influence of alcohol of 0.101% or more of the blood alcohol concentration. However, the court below found that there is insufficient evidence to acknowledge that the defendant driven a car under the influence of alcohol of 0.101% or more of the blood alcohol concentration, and determined this part of the charges not guilty, and recognized that the blood alcohol concentration was between 0.05% and 0.1% at the time of the defendant's driving. The court below erred in the misapprehension of facts or by misapprehending the legal principles as to the determination of the blood alcohol concentration.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended execution) is too uneasible and unfair.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to view that the fact that the Defendant was driving under the blood alcohol concentration of at least 0.1% was proven without reasonable doubt, and there is no other evidence to acknowledge this.

In a thorough examination of the evidence of this case and various circumstances shown in the argument of this case, the above determination by the court below is just and acceptable, and there is no error of law by mistake of facts or misunderstanding of legal principles as alleged by the prosecutor.

B. The instant crime of determining unreasonable sentencing is acknowledged as having escaped from the Defendant’s act of driving under the influence of alcohol while driving a motor vehicle, and the Defendant’s liability to commit the instant crime is not weak.

However, the defendant is the first offender without any previous conviction and seems to have repented his mistake in depth, and the degree of injury of the victims of the traffic accident in this case is not much serious.