The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the fact that the Defendant driven a vehicle while under the influence of alcohol above 0.1% of alcohol level at the time of the instant accident can be sufficiently recognized.

There is an error of misconception of facts in the original judgment that found the innocent on the part of driving under the blood alcohol concentration of not less than 0.1%.

2. In the judgment of the driving under the influence of alcohol, the blood alcohol level at the time of driving can be presumed as a result of calculating the blood alcohol level by a veterinary method, instead of the case where the blood alcohol level can be measured after testing the driver's blood and pulmonary samples of the driver immediately after driving. However, in the case of using the empirical rule such as scientific formula to find out whether the constituent elements of the crime exist, individual and specific facts constituting the premise for the application of the rule of law should be proved. Meanwhile, in order to estimate the blood alcohol density at the time of driving by adding the blood alcohol density after a certain time from the specific driving point of time according to the dmark formula with the dmark formula, and then to estimate the blood alcohol density at the time of driving by adding the blood alcohol concentration at the time of driving after the decline reduction due to the decrease in the decomposition of the blood alcohol level at the time of driving, it is difficult to conclude that the defendant's average blood alcohol level at the time of driving could not easily affect the judge's average and reasonable conviction in application of the rule of law.