The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows, i.e., the following circumstances revealed by the evidence submitted by the prosecutor (misunderstanding of the facts), i.e., (i) the Defendants and the alcohol-related persons stated at the investigative agency that “the Defendants have dice two times a week,” (ii) Defendant A’s blood alcohol-related concentration at the time of driving alcohol by applying the above dmark formula based on the statements of the aforementioned witnesses; (iii) Defendant B’s blood alcohol concentration at the time of driving alcohol, calculated at 0.120%; and (iv) Defendants denied each of the facts charged in this case at the court of the original judgment; and the F and G testified testified to the effect that they correspond to the above allegations at the court of the lower court, but in light of empirical rule, it is difficult to believe that the testimony of the above witnesses is sufficiently recognized, the lower court acquitted the Defendants of all the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. (1) On April 19, 2016, Defendant A driven a DNA car under the influence of alcohol content of approximately 0.106% in the section of about 25km from the 25k section of the instant charges to the 55k-ro in the direction of the agricultural community, at the cafeteria-ro Dol-ri Dol-ri, Bosung-gun, Bocheon-gun, Bocheon-gun, Bocheon-do.

(2) On April 19, 2016, Defendant B driven an EN-type car under the influence of alcohol content of about 0.120% from the section of about 25km from the restaurant parking lot located in the Yandong-gu, Bosung-gun, Bocheon-si, Bocheon-si, to the 55k-ro, Sucheon-ro, Hacheon-si, Hacheon-si.

B. The lower court’s judgment may not be admitted as evidence to the extent that the Defendants denied the contents of each police statement and the interrogation protocol against the Defendants, which correspond to each of the facts charged against the Defendants, and the remaining evidence submitted by the prosecutor alone.