The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the above evidence, the legal statement made by the witness L of the lower court in the summary of the grounds for appeal is admissible pursuant to Article 316(1) of the Criminal Procedure Act, and the fact that the Defendant driven the instant drinking in the status of 0.08% alcohol level during blood.

2. The lower court, on the grounds indicated in its reasoning, based on the evidence submitted by the prosecutor, deemed that the Defendant was at least 0.05% of alcohol level during blood transfusion at the time of driving the instant case.

It is difficult to recognize the defendant as not guilty.

When the statement at the trial date of a person other than the defendant is based on the defendant's statement, it may be admitted as evidence when the statement is made under particularly reliable circumstances pursuant to the provisions of Article 316 (1) of the Criminal Procedure Act. Here, "when the statement is made under particularly reliable circumstances" means that the statement was made, there is little room for false intervention, and it refers to cases where there are specific and external circumstances to guarantee the credibility or voluntariness of the statement (see, e.g., Supreme Court Decision 2010Do8735, Nov. 25, 2010). ② The situation in which the defendant made a statement to a police officer L was made by the above police officer after finding the defendant's company and measuring drinking. Thus, it appears that the above police officer had no choice but to have made a statement to the effect that it is difficult for the defendant to promptly make a statement in the court below in light of the aforementioned circumstances.