The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (misunderstanding of facts or misapprehension of the legal principle), the evidence submitted by the prosecutor, the defendant acknowledged that the defendant explicitly refused the measurement of drinking in a manner that makes it soon without breathing the breath of the sobage measuring instrument, or without breathing the breath even after being breath.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In light of the circumstances stated in its reasoning based on the result of a direct measurement conducted by the court below on the basis of the result of the examination conducted by the defendant, the court below held that the defendant cannot be ruled out that, in light of the following circumstances in the court below's decision, it is difficult to believe that the defendant's breath test by the breath measuring instrument was not properly conducted, as a result of the defendant's breathic aftermathy on the left-hand side, and that the defendant's breathic test by the breathic was not hidden, and that the defendant's breathic of the breathic measuring instrument was unable to believe that the defendant's b

The defendant was acquitted on the ground that there is no evidence to prove the facts charged in the instant case.

In light of the records, the judgment of the court below and its conclusion are just and acceptable, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

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 grounds that the appeal is without merit. It is so decided as per Disposition.