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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (fact-finding) may sufficiently recognize the fact that the Defendant driven a car while under the influence of alcohol of 0.180% between October 23, 2018 and October 12, 2018.
Nevertheless, the judgment of the court below which acquitted the defendant on the ground that there is a lack of evidence to acknowledge that the defendant was driving under drinking alone, which judged that the F's full statement made by the control police officer was inadmissible as evidence.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision is just and acceptable, and there is no violation of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor, on the ground that it is difficult to readily conclude that the evidence of this case alone, based on the determination of evidence as indicated in the judgment of the court below, has driven alcohol in drinking, and no new evidence corresponding to the facts charged in the trial has been submitted.
3. As a result, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the appeal is groundless. It is so decided as per Disposition.