The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal and the purport of the statement concerning the drinking time of the defendant and the person sitting in company (from around 03:00 on May 19, 2018 to 04:00 on the same day) and the fact that the defendant did not drinking alcohol at the time of leaving a place after drinking and not at the time of leaving a restaurant in accordance with the empirical rule, the point of time of calculating the blood alcohol content at the time of the accident in this case shall be 03:00 on the same day as at May 19, 2018, not at least 03:30 on the same day as at the time of the accident, and the point of time of measuring the alcohol content at the time of the accident in this case shall be 0.6% higher than that of the blood alcohol content at the time of the accident in this case (it shall be 00:6% higher than that of the blood alcohol content at the time of the accident in this case, and 05:11% higher than that of the blood alcohol content at the time of this case shall be determined as at least 00.6% (6.6%).

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court.

① On May 19, 2018, from around 03:00 to 04:00, the Defendant drank two diseases in the “E” restaurant located near Seocho-gu Seoul Metropolitan City by dividing into two and two dys, one disease, and two dys, and the Defendant stated at the investigative agency that the Defendant dysnished during the so-called dyspathy.

(2) At around 04:25 on the same day, the Defendant is driving a coo vehicle on the right side while crossing an intersection where approximately 200 meters away from the signal, etc. is not installed.