The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of facts, even though the defendant was found to have driven while drinking alcohol as stated in this part of the facts charged, according to the investigation report (report on the circumstance of a drinking driver), etc., as to the part of the judgment of the court below that acquitted the defendant of this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too uneased and unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of fact is difficult to determine whether the blood alcohol concentration at the time of the operation of the relevant legal doctrine is the rise of blood alcohol concentration or at the time of the summer, even if the blood alcohol concentration measured at the time when the operation ends and at the time when a considerable time has passed from the time of the operation, it cannot be readily concluded that the blood alcohol concentration at the time of the actual operation exceeded the punishment standard. Although there are differences for individuals, it cannot be concluded that the blood alcohol concentration at the time of the actual operation exceeded the punishment standard. Although the blood alcohol concentration at each individual, it is generally known that the blood alcohol concentration at the time of the operation has reached the highest level between 30 minutes and 90 minutes after the drinking, and that there is a possibility that the blood alcohol concentration at the time of the operation is lower than the blood alcohol concentration actually measured.

However, even if there exists an interval between the time of driving and the time of measuring the blood alcohol concentration and that time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed impossible to prove that the blood alcohol concentration at the time of actual driving exceeds the punishment standard.

In such cases, the time difference between the driving and the measurement, the difference between the measured blood alcohol concentration and the punishment standard values, and the continued time of drinking.