The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts (the part concerning the violation of the Road Traffic Act) recognizes that the Defendant driven a vehicle under the influence of alcohol while driving the vehicle, it is only a canning against beer immediately before driving the vehicle, while the Defendant just changes the blood alcohol concentration of 0.240% at the time of measuring at the wind that the remainder of the 3 illness of the 10 minutes of 10 minutes of flusing the flus immediately after driving the vehicle.

However, the defense of the defendant is merely a defense that is difficult to understand in common sense with the common sense. According to CCTV images, the defendant is confirmed to walk at a slow speed, such as a drunken person, even if he or she was faced with the back of his or her vehicle, and even he or she was faced with the defense of the defendant, and the I's statement that he or she seems to correspond to the defense of the defendant cannot be acknowledged credibility in that I did not have any unfavorable statement against the defendant as the defendant's wife.

Ultimately, according to the evidence submitted by the prosecutor, although the defendant was sufficiently recognized as driving under the influence of alcohol 0.240% at the time of the instant case, the court below acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. Determination

A. (1) On June 8, 2019, the Defendant, while under the influence of alcohol level of 0.240% on blood alcohol level around 18:3, the summary of this part of the facts charged, driven Hone Star Co., Ltd., the Defendant, at approximately 500 meters from the frontway of the 'G in Gwangju City' to the parking lot of Gwangju City, driving the Hone Star Co., Ltd., the Defendant owns from around 50 meters to the parking lot of the building B in Gwangju City.

(2) The lower court’s judgment acknowledged the following facts and circumstances based on the evidence duly admitted and investigated, and the evidence submitted by the prosecutor alone is the facts charged.