The prosecutor's appeal is dismissed.

1. According to the defendant's statement in an investigative agency on the gist of the grounds of appeal, the court below acquitted the defendant as to the violation of the Road Traffic Act (driving) although the defendant 600 won was drank immediately before driving the motorcycle of this case, she can recognize the fact that 300 million won was drinking immediately after driving the motorcycle of this case, and even if 0.053% was calculated when calculating the defendant's blood alcohol concentration at the time of driving by putting the dicmark formula in favor of the defendant, the court below acquitted the defendant. The court below erred by misapprehending the facts, which affected the conclusion of the judgment, and on the premise that this part of the facts charged is not guilty, it is unreasonable that the punishment (the fine of 300,000 won)

2. Determination

(a) If it is not possible to measure blood alcohol concentration by examining the driver’s blood, pulmonary and other samples immediately after driving, the blood alcohol concentration at the time of driving can be presumed as a result of calculation based on a veterinary method using the so-called dicmark.

However, the estimation method of the alcohol concentration in the blood as a result of the absorption and distribution of alcohol has parts concerning the maximum blood alcohol concentration and decomposition and extinguishment in accordance with time. Among these parts, the maximum blood alcohol concentration in the blood can affect the result of the internal absorption rate and nature, rain, age, extension, body weight, body body weight, physical constitution, as well as race, region, wind, and age, etc. of the taken alcohol, and the degree of food that is disguised at the time of drinking may vary depending on the kind of drinking alcohol, drinking speed, and the degree of food that is disguised. In the extinguishment of the decomposition of alcohol, the degree of normal alcohol, physical quality, drinking speed, and the degree of physical activities after drinking, other than the basic data necessary for the application of the above formula, may affect the alcohol concentration at a certain point after drinking.