The prosecutor's appeal is dismissed.

1. Although it is reasonable to view that the defendant's blood alcohol concentration was increased at the time when drinking alcohol was measured, the court below found the defendant not guilty of the facts charged of this case on the ground that the blood alcohol concentration of the defendant was increased when drinking alcohol was measured. There is an error of law by mistake of facts.

2. Summary of the facts charged in this case

A. On around 02:31 on July 07, 2012, the primary Defendant driven a C vehicle about 1 km from the road that he/she may know about not more than 0.201% of alcohol content in Seongbuk-gu Seoul, Seongbuk-gu to the road 484, Seongbuk-gu, Seoul.

B. Around 02:31 on July 08, 2012, the Defendant: (a) driven approximately 1km of C vehicle from the road on which he/she does not know of not more than 0.080% of the blood alcohol concentration in Seongbuk-gu Seoul, Seongbuk-gu to the road in front of 484, Seongbuk-gu, Seoul.

3. The judgment of the court below

A. The lower court determined as to the primary facts charged: (a) the following circumstances acknowledged by the record are: (i) the blood alcohol concentration changes following the lapse of time after drinking; (b) the blood alcohol concentration changes following the passage of time after drinking; (c) the blood alcohol concentration of 0.201% due to the blood alcohol measurement of the instant blood collection is limited to the blood alcohol concentration at the time of blood collection measurement (02:43); and (b) the blood alcohol concentration at the time of committing the crime (02:08); (c) there is no yet scientificly known reliable statistical data as to whether the blood alcohol concentration after drinking increases at a certain rate until the blood alcohol concentration reaches the highest value; (d) if the blood alcohol concentration at the lower time of blood alcohol concentration reaches the highest value, it is possible to apply the reverse production method by the above mark formula, but it is impossible to verify the blood alcohol concentration by using the above DNA formula on the decomposition and extinguishment of the blood alcohol concentration; and (c) the public prosecutor charged with the collection of blood samples at the same time as it is applied in this case.