The essence of this article in swedish media is that since the pilot did not already started to fly, he was not posing a threat to the passengers, disregarding the fact that he was on his way to start flying after exterior controls of the ac.
Canīt see the sense in this. Pretty difficult to establish road blocks in the sky, pulling the plane over, park it on a cloud and let him blow the alco meter...
Google translation with minor adjustments for clarity:
Berusad pilot frias | Resor | SvD
"The pilot who was caught drunk at the Arlanda airport in May this year was acquitted. He had not had time to get start his work, consider Attunda District Court.
The man was caught in a random check.
During an inspection, it turned out that the 46-year-old pilot had a blood alcohol level of 0.96.
"It is not proven that the man had begun a task that was of "substantial importance to flight safety" stated the court.
The man worked at SAS, but is no longer employed. He drank, contrary to the SAS rules, alcohol the night before the flight to Copenhagen. Early in the morning he went to Copenhagen, where it was determined that he would act as co-pilot.
When he walked out of the plane to inspect it, he was met by police who conducted an alcohol control.
It is, according Attunda District Court, clear that the man was too drunk to fly the plane. But to be able to say he is guilty for exceeded alcohol level, it has to be proven that he performed a task "essential to flight safety."