The prosecutor's appeal is dismissed.

1. Review of the gist of the grounds for appeal (misunderstanding of facts) presented by the prosecutor, the fact that the defendant refuses to comply with a police officer's request for alcohol testing without justifiable grounds and drives a motor vehicle under the influence of alcohol 0.057% during blood.

2. In light of the circumstances stated in its holding, the lower court: (a) proven that the evidence submitted by the prosecutor alone, with respect to the violation of traffic law (refluence of alcohol measurement), among the facts charged, is objectively apparent that the Defendant had no intent to respond to the request for alcohol measurement by the police officers dispatched, beyond reasonable doubt

It is judged that it is insufficient to view it as a matter of course, and the evidence submitted by the prosecutor alone is proved to the extent that there is no reasonable doubt that the defendant driven a vehicle while under the influence of alcohol 0.05% or more in blood.

It judged that it was insufficient to view it.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, thereby affecting the conclusion of the judgment.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.