The appeal is dismissed.

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment dismissing the prosecution against the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err in its judgment by exceeding the bounds of free emulition by violating logical and empirical rules, or by misapprehending the legal doctrine on the “central emuliment” under the former part of Article 3(2)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.