The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the charges on the ground that the court below erred by misunderstanding the facts and acquitted the defendant of this part of the charges, even though the defendant could sufficiently recognize the fact that the defendant was injured by shocking the victim's driver's vehicle in the course of returning the defendant's vehicle back to the train line.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(1) In light of the aforementioned legal principles, the lower court’s determination of not guilty of this part of the charges on the ground that there is insufficient evidence to acknowledge that the Defendant was driving in the central line, based on the relevant evidence and the record, based on the grounds stated in its reasoning, is justifiable to have rendered a not guilty verdict on this part of the charges, and there is no sufficient evidence to deem that this part of the charges was found to have reached the degree of probability beyond the doubt of conviction. Thus, 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 as it is without merit. It is so decided as per Disposition.