The prosecutor's appeal is dismissed.

1. The defendant's statement, etc. on the point of time when the reason for appeal was found to have risen in blood alcohol concentration at the time of driving or at the time of measuring alcohol;

In addition, it is difficult to readily conclude that the Defendant was under the influence of alcohol content of at least 0.05% while driving, in full consideration of the distance between the driving point and the measuring point, the difference between the alcohol concentration and the standard value for punishment, crackdown, and the behavioral aspect of the Defendant at the time of measurement.

It is reasonable to view it.

However, the judgment of the court below which acquitted the defendant on the facts charged is erroneous as a matter of law.

2. On February 17, 2016, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving alcohol) in the support for the development of the water source method and source, and on April 11, 2017, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving alcohol).

Although there was a history of violating the provision prohibiting drinking driving twice or more as above, the Defendant driven D SM6 car under the influence of alcohol leveling 0.053% in the 7km section from around 7km to the 1st permanent resident status of 0.053% in blood alcohol level, from November 17, 2017, around 00:50 to the village-based 323-ro, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

3. Determination

(a) In a situation where it is impossible to determine whether the alcohol level at the time of driving under the influence of alcohol is the point at which alcohol level has risen during blood, the alcohol concentration among blood measured at the time when the driving was completed at a considerable time has exceeded the punishment threshold;

Even if the blood alcohol concentration at the actual driving time exceeds the standard level of punishment.

It shall not be readily concluded.

Although there are differences for each individual, the alcohol concentration in blood between 30 minutes and 90 minutes after drinking has reached the highest level, and it is generally known that there is a decrease of approximately 0.08% to 0.03% per hour (average approximately 0.015%), and the driving has been completed.