The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal, according to the police officers’ statement at the time of the instant accident, the Defendant did not respond to the police officer’s demand for repulmonary measurement, and did not have any response despite being notified of the blood collection process, and the hospital was refused to provide medical treatment. The Defendant intentionally refused to take a drinking test, and the Defendant was not able to duplicate the respiratory measuring machine due to the breath of the Defendant’s breath.

Nevertheless, the lower court acquitted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

2. The lower court, inasmuch as the burden of proof for the criminal facts prosecuted in a criminal trial lies with the prosecutor, and the finding of guilt ought to be based on the evidence with probative value sufficient to cause a judge to feel true that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the Defendant even if there is no such evidence.

However, under the premise that the defendant's interest should be determined in terms of the defendant's interest, it is presumed that the defendant had a significant number of pains in light of the above situation of the defendant. ④ The defendant's doctor who treated the defendant had a significant number of pains; ② the defendant continuously complained of pains on the left side at the time of arrival in the emergency room of the Hospital Granting Yangyang University; ② the defendant continuously complained of pains on the part of the defendant; but the defendant did not cooperate in the examination in the state of drinking, and did not cooperate with the prosecutor; ③ the defendant did not respond to the drinking test and did not respond to the drinking test; ③ the defendant complained of pains after he responded to the drinking test; ④ In fact, the defendant is presumed to have a considerable number of pains; ④ the defendant's doctor who treated the defendant was "the left side of the hospital requiring four weeks medical treatment".