The prosecutor's appeal is dismissed.

1. In full view of the evidence presented by the Prosecutor’s summary of the grounds for appeal, the lower court erred by misapprehending the facts and acquitted the Defendant of this part of the facts charged.

2. In full view of the circumstances acknowledged by the evidence duly admitted and examined, the lower court determined that the evidence alone presented by the prosecutor is insufficient to readily conclude that the Defendant was a drunk driver as stated in this part of the facts charged.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's determination of not guilty of this part of the facts charged is just and acceptable. Thus, there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor in the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.