The prosecutor's appeal is dismissed.

1. According to the prosecutor's office and the police interrogation protocol, the report on the state of driving under the influence of alcohol, and the report on the state of his/her state of condition of driving on November 13, 2013 submitted by the prosecutor, the defendant was found to be in charge of the crackdown on driving under the influence of alcohol on November 22 and 24, 2013. The final point of time when the defendant under the influence of alcohol was found to be about 22:14, Nov. 13, 2013. The point of time when the blood alcohol level was measured by the respiratory alcohol measuring instrument is about 10 minutes prior to the enforcement point, and the point of time when the blood alcohol level was measured by the respiratory alcohol measuring instrument is about 0.34% prior to the point of time when the defendant was found to be 0.052% prior to the point of time when he/she was found to be acquitted at the point of time of time when he/she was found to be acquitted at the point of time 20:1 of time when he/she was found not guilty at the drinking alcohol level 2.

2. Determination

A. On November 13, 2013, at around 22:24, 2013, the Defendant driven B rocketing car under the influence of alcohol content of 0.052% in a section of approximately 100 meters from the front day of the Inter-gu, Nowon-gu, Seoul, to the front day of the public park located in Jung-gu, Seoul.

B. The court below's summary of the judgment below is that the defendant drank 3 residues prior to the control of the investigation agency prior to the enforcement of the alcohol and the last time of drinking, and the defendant completed meal.