The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the violation of the Road Traffic Act among the facts charged in this case by estimating the blood alcohol level at the time of driving based on the starting time of drinking, not the final drinking time. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Unless it is possible to measure the blood or pulmonary level of alcohol of a driver immediately after driving a vehicle, the blood or alcohol level at the time of driving can be presumed as a result of veterinary calculation using the so-called dmark formula. However, in order to find out the existence of the elements of crime, individual and specific facts constituting the premise for the application of the aforementioned scientific rules require strict proof. In the case of the above dmark formula, it is also necessary to establish such premise in order to determine the degree of alcohol taken in, drinking time, body weight, etc., as the materials for the application of the above dmark formula requires strict proof. On the other hand, the presumed method of alcohol concentration among the bloods according to the above dmark formula is also necessary to determine the relevant premise. The part concerning the maximum blood concentration due to the distribution of alcohol and the time required for decomposition, the degree of influence on the alcohol level at which the alcohol level can change from the time of decomposition, the degree of influence on the body and alcohol level at which the alcohol level can change, the degree of decomposition and alcohol level at which the maximum alcohol level can change.