The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) that the Defendant was in alcohol concentration at the time of driving 0.05% by blood.

In addition, the judgment of the court below which acquitted the defendant on the violation of the Road Traffic Act (drinking driving) and dismissed the prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, is erroneous in the misunderstanding of facts and the misapprehension of legal principles

2. Determination

A. The lower court determined that the Defendant driven a vehicle while under the influence of alcohol more than 0.05%, by comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined:

Considering that there is not sufficient evidence to determine the person, the court found the defendant not guilty on the violation of the Road Traffic Act (drink driving) among the facts charged in this case, and dismissed the prosecution on the violation of the Act on Special Cases concerning the Settlement of

1) In a situation where it is impossible to determine whether the alcohol level is the point at which the blood alcohol level has risen or when the alcohol level has risen, the alcohol concentration among the blood cells measured at the time when the driving was completed and the punishment level has been somewhat exceeded.

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 individuals, the blood alcohol concentration between 30 minutes and 90 minutes after drinking, and thereafter, it is generally known that the blood alcohol concentration between 0.08% and 0.03% (average 0.015%) per hour is reduced. If the driving is in the rise period, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration at the time of actual measurement.

However, there is an interval between the driving point and the blood alcohol concentration measurement point, and at that time, the alcohol concentration in the blood seems to increase.

However, such circumstance alone leads to the alcohol concentration at the time of actual operation.