The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal denies the Defendant’s crime; however, according to the evidence submitted by the prosecutor, such as black stuff images, the Defendant is bound to have left the vehicle from the driver’s seat, and the Defendant recognized the fact of driving under the influence of alcohol by an investigative agency, it is recognized that the Defendant driven under the influence of alcohol.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.

2. The court below found the Defendant not guilty of the charges of this case on the ground that “The Defendant and the name in the name in the name in the same manner as the Defendant stated in the facts charged are not sufficient to believe the above written statement, taking into account the following: “The health stand in which the Defendant had operated the freight vehicle like the Defendant stated in the facts charged; the Defendant clearly stated that the Defendant and the name in the name in the name in the same manner would not have been loaded in the cargo vehicle; the Defendant sent F to the seat in order to require the Defendant to get a deduction of the F’s parked vehicle; and there is no circumstance that the F would be a false representation in the F’s legal statement.” The above written statement is difficult to believe. The video is only a figure that only the Defendant and the person in the name in the name in the same way as the Defendant already moved to the front or following the freight vehicle; it is difficult to recognize that the Defendant operated the freight vehicle as stated in the facts charged, and there is no other evidence to recognize it differently.”

If the above judgment of the court below is examined closely in light of the records of this case, the judgment of the court below is just.

Therefore, the judgment of the court below cannot be said to have erred by mistake of facts as alleged by the prosecutor, and 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 ground that it is without merit.