The prosecutor's appeal is dismissed.

1. The lower court erred by misapprehending the facts and acquitted the Defendant, even if the facts charged were to be established in full view of the evidence such as the summary of the grounds for appeal (the fact-finding) at the time when drinking driving is controlled, and the statement of the

2. In full view of the circumstances stated in its reasoning, the lower court determined that the Defendant cannot be deemed to drive the instant vehicle solely on the grounds that the evidence submitted by the Prosecutor alone is difficult to deem that the Defendant had driven the instant vehicle even at the place indicated in the facts charged while under the influence of alcohol, and that the mere fact that the instant vehicle was driven by the police officer in the process of shouldering the Defendant, the mere fact that the instant vehicle was driven by the police officer, cannot be deemed to have driven the instant vehicle, such as

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it 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.