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The prosecutor's appeal is dismissed.
Reasons
1. Where only the prosecutor appealed the part of the judgment of the first instance which pronounced not guilty or partially guilty on a part of concurrent crimes within the scope of the trial at the trial at the trial court, the part of the judgment of conviction which was not appealed by the defendant and the prosecutor has become final and conclusive as the period of appeal has expired, and only the part of the judgment of innocence has to be reversed in the appellate court.
(See Supreme Court en banc Decision 91Do1402 delivered on January 21, 1992. Of the instant charges, the lower court convicted all of the charges of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and sentenced a fine of KRW 5,00,000 to a fine of KRW 1,00,000, and acquitted of the violation of the Road Traffic Act (driving).
However, only the prosecutor appealed the acquittal part of the judgment of the court below on the ground of mistake of facts, and the prosecutor and the defendant did not appeal the conviction part of the judgment of the court below. The conviction part of the judgment of the court below is separated from the appeal period.
Therefore, the scope of the trial of the party shall be limited to the violation of the Road Traffic Act (driving) among the facts charged in the instant case, which the court below acquitted.
2. The summary of the grounds for appeal: In full view of the time when a mistake of fact-finding Defendant caused a traffic accident (hereinafter “instant traffic accident”), the timing and result of collecting blood from the Defendant, the contents of black stuff images at the time of the instant traffic accident, and the content of the statement statement of a driver at the time of the instant traffic accident, etc., the Defendant could be found to have driven a vehicle while under the influence of alcohol with a blood alcohol content of at least 0.05%, the lower court acquitted the Defendant of this part of the charges, but there is an error of law by mistake of facts.
3. Determination
A. In accordance with Article 44(2) of the Road Traffic Act, the relevant legal principles are as follows.