The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act (Refusal of measurement of noise level).

In this regard, the prosecutor appealed only to the part of the violation of the Road Traffic Act (Refusal of measurement), did not appeal against the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), and the defendant did not appeal separately

Therefore, since the part on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) (Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992) against which both parties did not appeal is separately acquitted, this Court is to judge only the part on the crime of violating the Road Traffic Act (Refusal of

2. The summary of the grounds for appeal stated that the victim reported the instant traffic accident at the time of the accident, and that the police officer called to the G Hospital emergency room at the time of the accident confirmed that the Defendant was in a state of drinking alcohol by the Defendant, considering the fact that the Defendant was in a state of drinking alcohol, the court below acquitted the Defendant of the facts charged in the instant case on the ground that there was considerable reason to recognize that the Defendant had driven a motor vehicle under the influence of alcohol above 0.05% at the time of a police officer’s request for a measurement of drinking alcohol by the police officer, and that there was no evidence to acknowledge it. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

3. On February 8, 2012, the Defendant’s summary of the violation of the Road Traffic Act (recognization refusal) among the facts charged is under the influence of alcohol at the emergency room of the Daegu-gu G Hospital on February 22 and 40, 2012, where the snow bread and snow booms, and it is difficult for the Defendant to walk because it is difficult for him to walk because he or she bread and she is hick and humping verbal abuse.