The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) was found to have been in the summer due to the lack of data to prove that the Defendant’s blood content had risen at the time of driving of the instant case;

Although the court below found the defendant not guilty on the ground that if the above numerical value was increased, it cannot be readily determined that the defendant was in a state of 0.05% or more in blood at the time of driving, the court below erred by misunderstanding the fact and adversely affecting the conclusion of the judgment.

2. The lower court determined as follows: (a) the facts and circumstances stated in its reasoning, namely, ① the Defendant parked the vehicle, and until the police reaches the bar; and (b) the Defendant drank alcohol.

However, the alcohol level of 15:50 minutes after the driving of the instant case was 0.05% and 0.056% above 0.06%. ③ The blood alcohol concentration of 30 to 90 minutes after the driving of the instant case was 0.0% and later 0.08% to 0.03% per hour. The investigation agency considers 0.056% of the blood alcohol concentration of 50 minutes after the driving of the instant case as 0: 4.5% of the blood alcohol concentration of 0% at the time of driving, 5% of the blood alcohol concentration of 0 to 5%, 15:5% of the blood alcohol concentration of the Defendant at the time of driving, 5% of the blood alcohol concentration of 0 to 5%, 15:5% of the blood alcohol concentration of the instant case at the time of driving, 5% of the previous 0% of the blood alcohol concentration of the Defendant, or 5% of the previous 6.5% of the alcohol concentration at the time of the instant case.