The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is consistent with the statement that the defendant has no dispute over the fact of drinking on the day of the instant case, and the J has credibility by consistently stating that "the defendant has driven Oral Ba," and that there is no motive for J to make a false report, and that I ordered the delivery by call to the restaurant that the defendant works on the day of the instant case, while it is clear that other customers have ordered the delivery by call, the electronic data of the above restaurant sales slip can be operated for any time, such as where other customers have not properly entered the electronic data of the above restaurant sales slip, and the direction of the defendant driving Oral Ba is different from the direction of the above restaurant to singing, the court below erred by misapprehending the fact that the defendant had driven drinking as stated in the facts charged of the instant case, and thereby acquitted the defendant.

2. Determination

A. The lower court determined as follows: (a) around 23:52 on June 17, 2013, the Defendant driven Oral Haba in the influence of alcohol level of 0.216% before “F” located in Gangdong-gu Seoul Metropolitan Government E (hereinafter “instant restaurant”). As to the instant facts charged, first of all, the Defendant’s inspection of the so-called false horse detection machine against Hnobabab, cannot be admitted as evidence because of its admissibility; (b) although the I, who operated Hnobabab, made a phone call in the instant restaurant around 23:36 on the day of the instant restaurant, it is unclear whether the I’s statement alone, and even in the instant restaurant, it is also impossible whether the I’s delivery was made to the above restaurant to the above singing room, and there is no order of delivery details on the day of the instant sales slip around 23:6 on the day of the instant restaurant, and the JA, a reporter, the first reporter.