The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant started drinking from around 20:00 on the day of the instant accident, and thus, it is difficult to view that around 21:44, the time of the instant accident, which had been 104 minutes since that time, would have increased the blood alcohol concentration.

Therefore, the court below's judgment that found the defendant guilty of the charge (Dismissal of the charge as to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) although the defendant was driven under the influence of alcohol at around 21:44, when the accident in this case occurred, at around 0.055%, at the time of the accident in this case.

2. Determination

A. On May 25, 2014, at around 21:44, the Defendant, while under the influence of alcohol at KRW 0.055% of the blood alcohol concentration, driven a motor vehicle of 100,000, and turned the four streets in front of the gallon apartment in Daejeon Pung-gu, Daejeon, from the half of the gallon-do.

B. The judgment of the court below 1) The blood alcohol concentration calculated by adding the blood alcohol concentration to the ex post measuring values by applying the reduced level most favorable to the defendant in relation to the operation of alcohol under relevant legal principles to the degree that the blood alcohol concentration to the ex post facto measuring values by applying the reduced level in accordance with the above mark formula is limited to the cases where the blood alcohol concentration to the ex post measuring values exceeds the de facto measuring values (see, e.g., Supreme Court Decisions 201Do1929, Jul. 13, 2001; 2004Do6181, Dec. 9, 2004; 2004Do6181, Feb. 2, 2004).