The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) (the time when the Defendant driven is around 08:0 on April 16, 2014, and the time when the blood alcohol concentration was measured is around 08:12 on the same day. The difference between the above 12 and the time when the driver was naturally required for the preparation procedure, such as the mechanism to put the driver into place his/her blood alcohol concentration in order to properly measure the blood alcohol concentration. Thus, if the blood alcohol concentration was measured after the lapse of the above 12th, it should be deemed that the above 0.05% blood alcohol concentration was measured at the time when the Defendant driven.

Nevertheless, the judgment of the court below which acquitted the defendant about the violation of the Road Traffic Act (driving) among the facts charged in this case, and dismissed the prosecution on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

2. Summary of the facts charged

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving vehicles BK5.

At around 08:00 on April 16, 2014, the Defendant was proceeding four-lanes of the roads in front of the Yong-dong Southern-dong, Yong-dong, Chungcheongnam-gu, Chungcheongnam-do.

In such cases, a person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to drive and drive the above vehicle on the same line, and caused the backer of the D urban bus driven by C in the same line with the fronter of the above vehicle, and caused the victim E of the said urban bus to undergo two-day medical treatment.

B. Violation of the Road Traffic Act (driving) was driven by the Defendant under the status of approximately 2 km from the front day of the drinking felb in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the point of accident, to the roads south-dong, Seodong-dong, Chungcheongnam-gu, the point of accident, 0.05% of blood alcohol concentration.

3. Determination

A. The lower court’s judgment.