The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant was under a breath alcohol remaining in the mouth, and thus, it cannot be ruled out that the possibility of excessive measurement due to the remaining alcohol in the mouth cannot be ruled out, and if the distance between the final drinking time and the drinking measurement time is within 20 minutes (in accordance with the traffic control guidelines of the National Police Agency, 20 minutes from the drinking time to the alcohol flow), the Defendant should have taken appropriate measures to ensure the accuracy of the measurement results. However, the Defendant was acquitted on the grounds that there was no such appropriate measures in the instant case where the distance between the final drinking time and the drinking measurement time is within 20 minutes.

However, according to the Defendant’s statement at the investigation stage, the Defendant gave up an opportunity to prevent excessive measurements because the Defendant did not have any part of his/her place of driving, and the alcohol measurement was conducted after about 50 minutes from the final drinking time, so the interval between the last drinking time and the point of drinking measurement is at least 20 minutes, even if the distance between the last drinking time and the point of drinking measurement is 16 minutes after the last drinking time, it is difficult to view the Defendant’s blood alcohol concentration to be excessive in terms of the result of the drinking measurement that the distance between the last drinking time and the point of drinking measurement is at least 16 minutes. Thus, the Defendant’s blood alcohol concentration can be specified according to the result of the drinking measurement, and the lower court acquitted the Defendant, and there is an error of mistake

2. Determination

(a) Measurement of the blood alcohol concentration by a relevant pulmonology measuring instrument is conducted by absorbing in the chapter to measure the pulmonary alcohol content discharged into the pulmonary air as it discharges through the pulmonary treatment. As such, a considerable time has not elapsed from the final drinking time, or due to the use of tream, earthtotopy, stoves, dental steel, oral conditioning, etc., remaining in the mouth or alcohol content;