The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (misunderstanding of facts) leads to the highest level of alcohol level between 30 minutes and 90 minutes after drinking, and thus, the blood alcohol level between 30 minutes and 60 minutes after drinking reaches the highest level.

the blood alcohol concentration at the time of the measurement of alcohol;

At the time of detection, the appearance of the drunk was confirmed, such as the Defendant’s balthm, which was unbrest and red on the inside, etc.; at the time of measuring the alcohol alcohol of this case, the Defendant was found to have been in the rise of alcohol concentration during blood at the time of measuring the alcohol of this case.

In light of the Defendant’s drinking volume, the alcohol concentration in blood during about one-hour period from the final driving time to the measurement of alcohol has increased by at least 0.023%.

In light of the fact that it is difficult to see, at the time of the final driving, the alcohol concentration of the Defendant’s blood at least exceeds 0.05%, which is the standard value for punishment.

It is sufficient to accept the recognition.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's judgment that found the defendant not guilty of the facts charged on the basis of the judgment of the court below is just and acceptable, and since no new evidence corresponding to the facts charged in this case has been submitted in the court below, there is an error of law by misunderstanding the facts as pointed out by the prosecutor, which affected the conclusion of the judgment.

It does not seem that it does not appear.

Therefore, prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.