The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal, although the court below found the defendant not guilty of the facts, which affected the conclusion of the judgment by misunderstanding the fact, even though it was sufficiently recognized that the defendant could have prevented the death by shocking the victim if he had observed a limited speed and fulfilled his duty of care in advance.

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true, and if there is no such evidence, even if there is a suspicion of guilt against the defendant, the conviction should be determined as the benefit of the defendant and sentenced to innocence.

The court below rendered a not guilty verdict of the facts charged while examining the grounds for the judgment in detail. According to the evidence duly adopted and examined by the court below, the evidence alone submitted by the prosecutor cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the facts charged. Thus, the court below did not err by misapprehending the legal principles as alleged by the public prosecutor.

Therefore, the prosecutor's argument of mistake 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.