The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, although the defendant could be found to have driven a motor vehicle while under influence of 0.108% in blood alcohol as stated in the facts charged in the judgment of the court below, the court below acquitted the defendant of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt about this part of the facts charged.

Therefore, the judgment of the court below that acquitted the Defendant of this part of the facts charged did not err by misapprehending the legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.