The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts-finding, the court below erred by misapprehending the facts-finding, even though the defendant sufficiently recognized the fact that he was driven under the influence of alcohol level of 0.056% at the time of the instant case.

B. The sentence (one million won of a fine) imposed by the court below on the grounds of unfair sentencing is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts, the prosecutor prosecuted that the Defendant was driven under the influence of alcohol 0.056% at the time of the instant case.

Therefore, the lower court found the Defendant guilty of the facts constituting an offense on the ground that the Defendant could not be found to have driven under the influence of alcohol 0.056% at the time of the instant case, based on the evidence duly adopted and examined, on the ground that the Defendant could not be found to have driven under the influence of alcohol 0.056% at the time of the instant case. However, the lower court found the Defendant guilty of the facts constituting an offense in the lower judgment that the Defendant, who is in the relationship with the facts charged in this part, driven under the influence of alcohol

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified, and there was no new evidence that conforms to the facts charged in this case in the trial. Thus, the judgment of the court below that judged the facts charged in this case as not guilty as the prosecutor alleged cannot be deemed as erroneous.

B. In full view of the arguments in the instant case and the grounds for sentencing indicated in the record on the assertion of unfair sentencing, the lower court appears to have determined the punishment properly by fully considering the various grounds for sentencing alleged by the prosecutor, and no special circumstance exists to change the sentence imposed by the lower court.

3. Conclusion, the Prosecutor’s appeal is groundless, and thus, Article 364 of the Criminal Procedure Act is not reasonable.