The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of facts-finding, although the defendant could be found to have driven under the influence of alcohol level of 0.107% at the time of the instant case, the court below acquitted the defendant of the facts charged in the instant case in error of mistake of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of a fine) is too uneased and unreasonable.

2. Determination

A. A. In the lower court’s determination of mistake, the prosecutor also argued as the grounds for appeal, and the lower court rejected the aforementioned assertion in detail with the detailed statement of the determination on it from the third to fourth of the judgment. The final drinking time of the Defendant in this case, like the judgment of the lower court, is not on July 10, 2018, but on July 11, 2018, the time when the Defendant started from a drinking restaurant (see, e.g., referring to a restaurant receipt submitted by the Defendant at the lower court), which is 00:50 on July 11, 2018, when the Defendant 10 based on the above time, was likely to increase the blood alcohol concentration of the Defendant at 10:10 on July 11, 2018 (see, e.g., Supreme Court Decision 201:10 on July 10, 2018, when the Defendant had finished driving, 20% or more of alcohol concentration of the Defendant’s 10% alcohol content.