beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) although the Defendant could be found to have been under the influence of alcohol more than 0.05% in blood at the time of driving of the instant case, the lower court found the Defendant not guilty on the ground that it cannot be readily determined, and thereby erred by misapprehending the legal doctrine or by
2. The lower court, as stated in its reasoning, did not have any evidence to deem it appropriate to apply 0.86 to the above dmark acquisition as applied by the police in calculating the alcohol content in the blood alcohol while driving in this case, and calculated by applying the above dmark acquisition (in the case of male, from 0.52 to 0.86) favorable to the Defendant among the reliable statistical data already known to the police, the Defendant’s blood alcohol concentration in the blood alcohol after driving is 0.053%, and according to the above calculation results, the Defendant’s blood content in the blood alcohol concentration in the blood alcohol at the time of driving is 0.088% to 0.05% after deducting 0.05% from 0.05% from 08% from 0.05% from 05% from 0.05% from 05% from the blood alcohol measurement value at the time of driving.
Inasmuch as it cannot be readily concluded and there is no other evidence to acknowledge this, the instant facts charged constitute a case where there is no evidence to prove a crime.
The judgment below
In light of the relevant legal principles and the evidence duly admitted and investigated by the court below, the above determination by the court below is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the prosecutor, which affected the conclusion
subsection (b) of this section.
Therefore, the prosecutor's above assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.