The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal, since the defendant was found to have driven alcohol at the time and place recorded in the facts charged, the judgment of the court below which judged otherwise is erroneous in mistake of facts.

2. On July 19, 2012, the Defendant: (a) around 18:00, operated a e-bred XD car in the state of alcohol alcohol concentration of approximately 3 km from the front of the Kimchi-dong restaurant located in Suwon-si, Suwon-si to the front of the Dogchi-dong, 18:30 on the same day; (b) around 18:30 on the same day, the Defendant driven a e-bred XD car in the state of under the influence of alcohol concentration of about 0.177%.

3. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

Based on these legal principles, according to the evidence duly adopted and examined by the Health Board, the lower court, and the trial court, as to the instant case, the Defendant: (a) operated a meal at the G “G” restaurant located in Suwon-gu, Suwon-gu, from July 19, 2012 to July 14:30; (b) thereafter, the Defendant parked a vehicle after driving the vehicle at the D cafeteria located in the 16:30-17:30, and parked the vehicle at the D cafeteria during the 17:0-18:30; and (c) thereafter, there was a dispute with the D cafeteria operator as a parking location; (d) the Defendant: (a) operated the vehicle at the K cafeteria, after drinking alcohol at the D cafeteria, to the D cafeteria; and (b) made a mobile phone attachment at H 10:0, 60, 100, 6:0, 60, 10, 10, 6: