The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that since the Defendant 19:00 at the time of the instant appeal dices alcohol from around 19:20 on the same day as at the time of the completion of drinking, it is the point at which the blood alcohol concentration has been dices.

Therefore, in light of the background leading up to the police enforcement, the defendant can fully recognize that he/she is under the influence of alcohol by 0.053% of alcohol level at the time of the instant case.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Around November 15, 2015, the Defendant, while under the influence of alcohol at a 0.053% of alcohol level around 21:30 on Nov. 15, 2015, driven a Centent car at a section of approximately 1m on the road in Seojin-gu Seoul Special Metropolitan City B 101-dong.

B. The lower court determined based on the evidence duly adopted and examined, found the facts as indicated in its reasoning, and found the following circumstances, namely, ① the Defendant’s blood alcohol concentration of 0.053% based on the facts charged in the instant case: (i) the Defendant’s blood alcohol concentration of 0.053% from November 15, 2015, the measurement point of 0.051% by the reverse 0.02% by the so-called Edmark formula; (ii) the Defendant’s final drinking point is 21:20 on November 15, 2015, and the driving point is 21:30 on the same day; and (iii) the Defendant’s final drinking point is 21:30 on the same day; (iv) there is a high possibility that the point of time of driving falls under the situation where the blood alcohol concentration is lowered; and (iv) the Defendant’s blood alcohol concentration of 1:25% on the same day cannot be determined to be more than 1:5%.