The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts, the fact that the defendant was drunkly driving can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unfair sentencing (one year of imprisonment with labor and three years of suspended execution) is too uneased and unreasonable.

2. Determination

A. On December 13, 2014, while under the influence of alcohol at 0.085% on December 13, 2014, the Defendant: (a) driven the said vehicle at a high level of 30 meters from the inside and outside of the west-si in Pyeongtaek-si; (b) drive the said vehicle at a high level of 30 meters at the 50km distance from the inside and outside of the west-si at the 30km-si; (c) the lower court determined that the Defendant was not guilty of the remainder of the facts charged on the ground that it was insufficient to establish the remainder of the facts charged on the ground that there was no other reasonable evidence to prove that the time for measuring alcohol at the time of the instant accident occurred. (d) The lower court found the Defendant not guilty of the foregoing part of the facts charged on the ground that there was evidence as shown in the above facts charged.

3. The following circumstances revealed by the evidence duly adopted and examined by the lower court, i.e., the Defendant, at around December 13, 2014.