The prosecutor's appeal is dismissed.

1. According to the evidence submitted, including the summary of the grounds for appeal, E’s statement, etc., the defendant was found to have driven alcohol at the time of the instant case, and the judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion

2. Determination:

A. In a criminal trial, the recognition of criminal facts ought to be based on strict evidence with probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt. Therefore, in a case where the prosecutor’s proof does not reach the degree that such conviction would lead to the prosecutor’s conviction, the determination of the conviction should be made in favor of the defendant even if there is a part of the

(2) In light of the aforementioned legal principles, the court below’s determination of the first instance court on the credibility of the statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous, in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly erroneous, except in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is remarkably unreasonable, based on the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing the argument in the appellate court, the appellate court should not reverse the first instance judgment on the grounds that the first instance court’s determination on the credibility of

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the witness’s appearance and attitude while proceeding the witness examination procedure, cannot admit the credibility of the witness’s statement, the appellate court may reverse it and determine the credibility of the witness’s statement.