The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court maintained the first instance judgment dismissing the prosecution on the ground that the instant facts charged cannot be prosecuted pursuant to the main sentence of Article 4(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and therefore, the prosecution procedure constitutes a case where a violation of the provisions of law and

Examining the reasoning of the lower judgment and the reasoning of the first instance judgment maintained by the lower court in light of the records, the conclusion of the lower judgment is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the requirements for prosecution.

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