The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts and misapprehension of legal principles, the court below found the Defendant guilty of driving under the influence of alcohol level of 0.148% on the day of the instant case, but acquitted the Defendant by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too uneased and unreasonable.

2. Determination

A. Determination of facts and misapprehension of the legal principles on the assertion of mistake of facts. 1) In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is higher or lower time, even if the blood alcohol level measured at the time when driving was completed at a considerable time, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal standard. Although there are differences for individuals, the blood alcohol concentration at the time of actual driving exceeded the penal standard, it cannot be concluded that the blood alcohol level at the time of actual driving exceeded the maximum level. Although there are differences for each individual, it is generally known that the blood alcohol concentration at the time of operation between 30 minutes and 90 minutes after drinking has reached the highest level, and it is generally known that the blood alcohol concentration at the time of operation is reduced by approximately 0.08% to 0.03% per hour (average approximately 0.015% per hour. If the blood alcohol concentration at the time of completion of operation falls under the blood alcohol concentration, there is a possibility that the blood alcohol concentration at the time

However, even if there is an interval between the time and the time of the measurement of the blood alcohol concentration and the time of the measurement, it cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual operation exceeds the punishment standard due to such circumstance.

In such cases, whether or not it was above the standard value of punishment even at the time of driving is the difference between the time between the driving and the measurement, the difference between the measured level of blood alcohol concentration and the standard value of punishment, the continuous time of drinking and the degree of behavior of the driver at the time of the measurement.