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The prosecutor's appeal is dismissed.
Reasons
The Prosecutor’s ground of appeal is clear that the discovered vehicle is the Defendant’s driver’s vehicle, and according to the black image of the police vehicle, 4 seconds a time to enter the road bypassing it. Since the distance from the U.S. point to the point to the point to the point to the point to the point to the above control is practically impossible, it is practically impossible to see that E is a normal U.S. place to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point to the point
Judgment
A. The summary of the facts charged in the instant case seems to be a clerical error in the instant case on February 15, 2017.
The left turn was made at the top of the one-lane on which yellow solid lines are installed, among the three-lane roads in front of the D-do in Busan Metropolitan City, Do-gun.
B. The burden of proving the facts constituting an offense prosecuted in the relevant criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2013Do10316, Jan. 16, 2014).
The court below held that the evidence submitted by the prosecutor alone based on the evidence duly adopted and examined as follows is insufficient to acknowledge the fact that the defendant left the left at the center line of yellow-ray, as stated in the facts charged, and there is no other evidence to acknowledge it. The court below held that there is no other evidence to acknowledge it.