The prosecutor's appeal is dismissed.

Taking into account the following facts: (a) the Defendant’s vehicle’s blood alcohol concentration from the respiratory measurement was 0.060%, the blood alcohol concentration from blood transfusion was 0.117%, and the Defendant’s own recognition of the fact of driving alcohol and was committing a crime; and (b) the Defendant was sufficiently aware that he/she was driving in excess of 0.05% of the blood alcohol concentration; (c) the lower court acquitted the Defendant on the ground that the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that affected the conclusion of the judgment.

2. On December 8, 2015, the Defendant: (a) while under the influence of alcohol of around 00:50 on a blood alcohol level of 0.117% at around 00:50, the Defendant driven a scoo vehicle in Category C from the front day of the E-ray located in Yansan-gu, Jeonju-si, Jeonju-si to the front day of G E-art located in Ysan-gu, Jeonju-si.

3. Determination 1) The lower court, based on the evidence duly admitted and examined, found that (i) the Defendant was under the influence of the police around 00:30 on December 8, 2015 while driving a car and was under the influence of alcohol by a respiratory measuring instrument around 00:50 on December 8, 2015; (ii) was collected from the Defendant on December 8, 2015 at the Defendant’s request on December 8, 2015; (iii) was measured at 0.060% on blood alcohol level; (iv) was measured at 0.117% on blood alcohol level; and (v) the Defendant’s speech and behavior at the time of detection in the statement of a driver’s statement made by the police prepared by the police at the time of detection, the Defendant’s speech and behavior is “a large horse”, “balming driver”, “malking driver”, the Defendant’s appearance, the Defendant’s common appearance, appearance, appearance, and appearance.

“,” “Uniforms”, and the language “slicker”, and “slicker of the charge of drinking facts.”

”, 태도는 “ 얌전히 경찰관 요구에 응한다.

The facts stated as "," and (4) The defendant's final drinking time was around 00:20 on December 8, 2015, and the defendant stated that he was drinking for about 1 hour together with the kimchi dog until then, and that he was drinking for about 3 illness of beer for about 1 hour.