Part of acquittal shall be reversed.

Of the facts charged in the instant case, the point of violation of the Road Traffic Act (driving).

A. The Defendant’s statement to the effect that he will drink after drinking alcohol after driving a misunderstanding of facts is difficult to believe in the specific part, such as lack consistency, and that the witness D consistently stated that the vehicle driven by the Defendant was driven in an abnormal manner while harming the left and left. The Defendant was arrested before and after about 20 minutes of the Defendant’s house requiring the same traffic accident (hereinafter “instant accident”), at the time and place indicated in the facts charged of this case, and at the same time and after about one hour after the same traffic accident (hereinafter “the instant accident”). If the Defendant’s assertion, the Defendant dices two illnesss for about 20-30 minutes, which is difficult to obtain, in light of the fact that the Defendant d's drinking and driving alcohol is difficult, the lower court acquitted the Defendant on this part of the facts charged on a different premise, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (one year of suspension of execution in four months of imprisonment, and one year of probation) is too unjustifiable and unfair.

2. Determination

A. Prior to the judgment of the court on the above assertion of mistake of facts by the ex officio, the prosecutor applied for amendments to the indictment with the content that "0.133%" in the last act of violation of the Road Traffic Act among the facts charged in the instant case is "0.112%". Since this court permitted this, the judgment of the court below on this part cannot be maintained any longer.

B. Determination of mistake of facts: Provided, however, there are grounds for ex officio reversal of facts as seen above, but the prosecutor’s above assertion of mistake of facts on this part is still subject to the party deliberation.

The evidence that there is a criminal fact in the criminal procedure shall be presented by the prosecutor, and the criminal defendant's prosecution is unreasonable.