The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty, although it is sufficiently recognized that the defendant had driven drinking as stated in the facts charged, and erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On March 13, 2015, the Defendant: (a) around 22:03, on the roads in front of the Jungdong-gu Incheon Jungdong Senior Community Center; (b) around 100 meters away from the roads in front of the Dong-gu Incheon, Jungdong Senior Community Center to the roads in front of the same Gu-ro 50. The Defendant driven a Clux vehicle with alcohol content of about 0.061% in blood alcohol condition.

B. The lower court’s judgment: (a) the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court; (b) the Defendant, i.e., (c) was controlled by drinking while driving at around 21:50 to 21:52 on March 13, 2015 and undergone an examination by around 22:051% of alcohol concentration in blood (b) was measured as a result of the Defendant’s blood testing at around 14 minutes after blood testing; (c) was collected on March 13, 2015 after about 14 minutes after the Defendant’s blood testing at around 0:17; (c) was gradually measured at around 0:061% of alcohol concentration in blood; (d) the Defendant’s blood collection at around 21:47 on the day on which the Defendant’s final drinking was measured; and (e) the Defendant’s blood collection at least 3:0% of alcohol content during which the Defendant’s blood was measured at around 00% after the date of the examination;