The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts that the defendant had driven under influence, as stated in the facts charged, although it can be found that the defendant had driven under influence as stated in the facts charged. The court below erred by misapprehending the facts against the rules

2. 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, the court below found the defendant not guilty of the facts charged in light of the fact that the defendant was divingd in the driver's seat of a vehicle in which he was under the influence of alcohol and headlight. However, such circumstantial evidence alone cannot be viewed as having proved to the extent that there is no reasonable doubt as to the facts charged, and there is no other evidence to acknowledge the facts charged. Considering the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the facts.

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