The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (in fact-finding) and the testimony of witness H by the National Institute of Scientific and Investigative Research, it is recognized that the vehicle on which the defendant was on board was on board was about three meters, and as long as the above vehicle was on board in flat, it is obvious that the defendant was on driving the vehicle, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of facts.

2. Determination

A. At around 01:40 on October 23, 2012, the Defendant driven an Efranchising car (hereinafter “instant car”) under the influence of alcohol content 0.135%, while under the influence of alcohol on the roads around Gwangjin-gu Seoul Special Metropolitan City D (hereinafter “instant roads”).

나. 피고인의 주장 피고인은 수사기관에서 당심에 이르기까지, 대리운전기사가 버려두고 간 이 사건 승용차의 뒷좌석에서 잠들었다가 추워서 운전석으로 자리를 옮겨 히터를 켠 후 잠이 들었을 뿐 자신이 이 사건 승용차를 운전한 적이 없고, 가사 그 당시 이 사건 승용차가 움직였다고 하더라도 이는 차량 외부의 힘에 의해서 등 운전 외의 이유로 움직인 것일 뿐 피고인이 운전할 의사로 이를 움직인 것이 아니라고 주장한다.

C. The lower court’s determination is insufficient to recognize that the instant car was driven on the road in this case at the same time as the indicated in the facts charged by the National Science Investigation Agency, solely on the statement of the lower court H’s witness H in the court below’s legal statement, black image files, and the written request for appraisal by the National Science Investigation Agency, and there is no other evidence to acknowledge that the instant car was driven on the road in this case. ② Even if it is recognized that the instant car was driven on the road at around 01:30 after the Defendant’s blood alcohol concentration was discovered, it was considerably high at 0.135% even after the Defendant’s blood alcohol concentration was measured after 3 hours after the Defendant’s blood alcohol concentration was discovered, and how the Defendant was driven on the road in this case at the time.