The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although it is apparent that the defendant's blood alcohol concentration at the time and place as stated in the judgment of the court below exceeds 0.05% which is the punishment standard at 0.05%, at the time of driving the vehicle, at the time and place, at the time and place as indicated in the judgment of the court below, the judgment below otherwise determined is erroneous in the misapprehension of the purpose of the Road Traffic Act, which provides that the defendant shall be punished for driving alcohol above 0.05% in blood

2. Determination

A. The lower court determined based on the evidence duly adopted and examined: (a) the Defendant stated at around 00:45 on March 24, 2016, that he was drinking alcohol at the time and at the time of the instant case; (b) the Defendant was drinking alcohol at the D restaurant located in Daejeon-gu Daejeon-gu Daejeon-gu, Daejeon-gu, that he was drinking alcohol at around 4 to 6 alcohol; (c) the Defendant was driving his own car after drinking and driving the car at around 81:3:15 on March 24, 2016; (d) the Defendant’s alcohol concentration at around 02:01 on the same day; (e) the Defendant’s alcohol concentration at around 6:01 on the same day; and (e) whether the Defendant’s alcohol concentration at the time of drinking was measured at around 0.59%; and (e) the Defendant’s alcohol density at the time of the instant accident was found to have been found to have been at the time of the occurrence of alcohol at the time of the instant accident.