The prosecutor's appeal is dismissed.

1. In full view of the relevant evidence such as the statement of the defendant in an investigative agency and the statement of the defendant's driving status as the main driver at the time of driving, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court: (a) deemed that the Defendant was not guilty of the charge of drinking alcohol exceeding 0.05% in light of the following circumstances: (i) the Defendant’s blood alcohol measurement was conducted after about 22 minutes from the Defendant’s final drinking time ( around August 19, 2017) and the Defendant’s final drinking time was conducted after about 22 minutes; (ii) the Defendant’s blood alcohol measurement was conducted after about 5 minutes from the Defendant’s final driving time ( August 19, 2017) and was conducted after about 0.05%; and (iii) the Defendant’s blood alcohol concentration was measured when the Defendant’s blood alcohol concentration was increased as a result of the alcohol measurement; (b) the Defendant’s final driving time at which five minutes are earlier than the time of the measurement was unlikely to reach 0.05% at the point of the Defendant’s blood alcohol concentration; and (c) the Defendant’s final driving time at which the alcohol concentration was not high.

B. Even if there exists an interval between the point of time of driving and the point of time between the point of time of measurement of alcohol concentration, and if it appears to increase the blood alcohol concentration, the Defendant’s blood level at the time of driving, taking into account various circumstances, such as the interval between driving and measurement, the difference between the point of time between the blood level measured and the point of time, the difference between the amount of alcohol concentration and the amount of punishment standards, the hours during which drinking is continued, the amount of drinking and the degree of behavior of the driver at that time.