The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted, it can be recognized that the blood alcohol concentration at the time when the defendant was driving exceeded 0.05%, which is the punishment standard value.

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

Judgment

A. On September 4, 2014, the Defendant, while under the influence of alcohol around 23:03, driven a Cran-do car at approximately 6 km from the street from the Ganyang-Eup, Gidong, Ganam-gu, Seoul, to the front road of the same military gold field, with a view to 0.056% of alcohol level.

B. As to the facts charged, it cannot be determined whether the blood alcohol level from the time when the blood alcohol level has risen toward the highest level or belongs to the national side where the blood alcohol level has risen after the highest level reaches the highest level. Rather, in a case where there is a possibility that the blood alcohol concentration may increase in the national side where the blood alcohol level has risen, only the part concerning the decomposition extinguishment after the lapse of time (Dmark 2 Form) of the so-called redmark model, based on the blood alcohol concentration measured after a considerable time from the time when the alcohol level was driven, it cannot be said that the blood alcohol concentration at the time when the blood alcohol level has come back again from the time when the blood alcohol level was measured (see, e.g., Supreme Court Decision 2006Du15035, Jan. 11, 2007). However, according to general scientific view, the blood alcohol concentration due to drinking is gradually known to 0% of the blood alcohol level at 0% after the blood alcohol level decrease, the average degree of drinking alcohol level between 0% and 0% alcohol level after the alcohol level.