The prosecutor's appeal is dismissed.

1. The abstract of the grounds for appeal is that there exists an interval between the time when the defendant drives a vehicle and the point when the alcohol concentration is measured from the blood, and that the rate of alcohol concentration in the blood was increased;

In full view of the time interval between driving and drinking measurement, the Defendant’s drinking volume, the alcohol concentration level at the time of the respiratory measurement, the Defendant’s behavior level at the time of the drinking measurement, etc., it can be acknowledged that the Defendant was driving under drinking as stated in the facts charged in the instant case.

Therefore, the judgment of the court below which acquitted the defendant is erroneous.

2. Judgment on the assertion of mistake of facts

A. The lower court determined based on the evidence duly adopted and examined by the lower court, and based on the following circumstances, proven that the evidence submitted by the prosecutor alone was 0.05% or more of alcohol level at the time of driving alcohol, to the extent that there is no reasonable doubt that the Defendant had been proven to the extent that there is no reasonable doubt.

The court judged that it could not be seen, and sentenced not guilty.

1) On November 13, 2015, the Defendant was driving at around 13:30 minutes after about 10 minutes from around November 13, 2015, when at the end drinking time, and as a result, at around 14:47, after about 67 minutes, the Defendant measured the alcohol level in the blood, the numerical value of which was 0.073% from around 0.073%, but there is no data that can identify the Defendant’s blood alcohol level at the time of driving on the record.

2) The alcohol concentration in blood is personal, depending on the body quality of the person under alcohol, the type of alcohol under alcohol, the speed of alcohol under alcohol, and the degree of food that is disguised at the time of alcohol. However, the rise continuously after the ordinary drinking, which reached the highest level between 30 minutes and 90 minutes, and thereafter, it has reached the highest level between 0.08% per hour and 0.03% per hour (average approximately 0.015%). If the alcohol concentration in blood reaches the highest level when 90 minutes have elapsed since the alcohol was most favorable to the defendant, the alcohol concentration in blood at the time of the above driving, which is about 10 minutes after the drinking, is deemed to reach the highest level.