2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In light of the records and records, the evidence submitted by the court below alone is insufficient to acknowledge the fact that the defendant has driven a motor vehicle while under the influence of alcohol at the time and time as stated in the facts charged, and the measures to determine the defendant not guilty of the facts charged are proper, and there is no other evidence to acknowledge it, and there is no error of law of misunderstanding of facts as pointed out in the grounds for appeal. Thus, the 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 ground that it is without merit.