The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the alcohol concentration in the blood of the defendant at the time of the measurement of drinking results in the measurement of drinking because the defendant's drinking has not passed for 90 minutes after drinking;

However, the judgment of the court below which acquitted the defendant even if the charge of this case is found guilty, is erroneous in the misapprehension of the facts, in full view of the distance between driving and measurement, the difference between measurement and punishment standard values, and the behavior aspects of the defendant at the time of crackdown.

2. Determination

A. The lower court determined based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (i) the Defendant stated the date and time of the final drinking as of October 24, 2015 at the time when the notice of the result of regulating driving of alcohol was made (hereinafter “the lapse of 20 minutes after drinking”); (ii) the Defendant stated that he/she had her drinking her drinking her drinking in the instant instant instant cup, one hour before measuring the alcohol conducted by the investigative agency; and (iii) the Defendant’s final drinking time appears to be 21:0 to 21:50; and (iv) the point at which the Defendant’s driving was completed (round October 24, 2015, around 21:52) and the point at which the alcohol level was measured (round October 24, 2015, around 22:00) and the point at which the alcohol level was measured (round October 24, 2015).

It can be seen that the difference between the end point of the transport and the start point of the respiratory measurement does not exceed eight minutes, but the alcohol concentration in the blood from the respiratory measurement is 0.056% exceeding 0.05% which is the standard of punishment. ③ There is no evidence showing the Defendant’s starting time of drinking, the speed of drinking, the degree of drinking, the body of the Defendant, etc., and there is no scientific notification that there is no possibility that the alcohol concentration in the blood from the blood after drinking reaches the highest level until it reaches the highest level, and thus, it cannot be ruled out that the blood concentration concentration in the blood between the start point of driving and the start point of the respiratory measurement was 0.06% or more.