The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the defendant on the violation of road traffic law (driving driving) among the facts charged in this case, although the defendant applied the aforementioned dmark formula based on the defendant's bodily weight and drinking quantity recognized by mistake of facts or misapprehension of legal principles (the point of violation of road traffic law (the point of drinking), the defendant's confession statement, card transfer slip, etc., and the fact that the defendant driven a motor vehicle while under influence of not less than 0.05% alcohol concentration in blood, it erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

B. In light of the following: (a) the police officer could have lost his/her life due to the instant crime committed in the course of sentencing; and (b) the police officer could not be forced to commit a crime against the police officer in uniform; and (c) the police officer could not be forced to commit a crime even if the police officer was dispatched to the police officer; and (d) the morale of the police officer could be undermined, the sentence of the lower court (two years of imprisonment, three years of suspended execution, three years of probation, and 90 hours of community service order) is deemed unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. From April 21, 2017 to 22:30, the Defendant, among the facts charged in the instant case, driven a Fland knife car (hereinafter “instant vehicle”) under the influence of alcohol content of at least 0.05% at a distance of about 6km and over 0.05% from the 6km to the entrance of the farm road located in Samsung-si, Samsung-si, the 5rd apartment complex located in the Busan Metropolitan City, Hasan-si. The Defendant driven the Fland knife car (hereinafter “instant vehicle”).

B. The alcohol content in blood, which is the element of the crime of violating the Road Traffic Act (dacting driving), can be presumed as a result of calculation based on a veterinary method using the so-called dmark formula, unless it can be measured by examining driver’s blood, respiratory and other samples immediately after driving. However, in order to find out the existence of the elements of the crime, the empirical rule, such as scientific formula, is established.