The prosecutor's appeal is dismissed.

1. Each evidence submitted by the prosecutor to the summary of the grounds for appeal, and in particular, according to the table of the request for appraisal by the National Institute of Scientific Investigation to the National Institute of Scientific Investigation, the fact that the accident of this case occurred

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.

2. Determination

A. In a criminal trial, the finding of guilt ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant is doubtful even if there is no such evidence.

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

(see, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006). In addition, a driver of a motor vehicle cannot be said to have a duty of care to anticipate and prepare for an occurrence of an e.g., occurrence of an e., occurrence of an e., occurrence of an e.g., occurrence of an e., occurrence of an e., occurrence

(See Supreme Court Decision 85Do833 delivered on July 9, 1985, etc.). B.

In full view of the following circumstances, it is difficult to view that the facts charged in this case were proven to the extent that there is no reasonable doubt. Thus, the judgment below which acquitted the defendant is just and acceptable, and there is no error of law affecting the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor, as otherwise alleged by the prosecutor.

1. As the most valuable evidence corresponding to the facts charged in the instant case is the request for appraisal by the National Scientific Investigation Agency, according to the above request for appraisal, ① the examination that is observed on the right side of the busp panel of this case may be conducted.