The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant's final drinking time is about 17:00 and the defendant's blood alcohol concentration is about 0.066% at the time of driving alcohol. However, the court below held that there is a possibility that the defendant's blood concentration at the time of driving alcohol may increase in alcohol level under different premise.

In that sense, the alcohol concentration level exceeds the punishment standard.

It is difficult to conclude it.

Therefore, the court below erred by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the record, the court below, on the grounds stated in its reasoning, found that the Defendant, at the time of driving the instant vehicle, was under the influence of alcohol either 0.06% alcohol concentration or 0.05% or above, which is the statutory standard, at the time of driving the instant vehicle.

It is difficult to conclude that there is no other evidence to acknowledge it, and it is just and acceptable, and there is an error of misunderstanding facts or misunderstanding of legal principles as alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.