The prosecutor's appeal is dismissed.

1. In full view of the purport of the grounds for appeal: (a) the starting point indicated in the circumstance report of the driver’s driver, which is “C restaurant”; (b) the Defendant did not protest that he drinks in his native house at the time of enforcement; and (c) the control police officer testified to the effect that “the Defendant was a civil petition for noise because he turns on the Defendant’s vehicle for two hours at the time,” the Defendant did not drink in his native house; and (d) was driving under the influence of alcohol at the point of control after drinking in the restaurant; (b) however, the lower court acquitted the Defendant of the charges of mistake of facts.

2. The court below was just in finding the defendant not guilty of the facts charged in this case on the ground that it is difficult to view that the defendant, as stated in the facts charged, could not be sufficiently proven to the extent that he had a reasonable doubt excluded from a reasonable doubt, on the grounds that the court below found the defendant guilty of the facts charged in this case on the grounds that the evidence submitted by the prosecutor for the same reasons as stated in detail in the judgment, based on the evidence duly adopted and examined by the court below, could not exclude the possibility that the defendant would have additionally drinking in the house from a restaurant to a friendly house, after driving

In addition, there is no other evidence to prove the above facts charged in the trial, so the prosecutor's assertion is without merit.

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