The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below acquitted the Defendant of this part of the facts charged, even though it is found that the victim, who driven the Defendant under the influence of alcohol, lost balance while avoiding it, and suffered injury by exceeding the surface.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence submitted by the Prosecutor alone did not appear to have been drived by the Defendant, but that the Defendant could not have anticipated to mislead the Defendant F, by taking account of the facts revealed through the evidence duly adopted and examined.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and since the prosecutor did not submit new evidence in the trial, it cannot be said that the court below erred by misunderstanding the facts as pointed out by the prosecutor, which affected the conclusion of the judgment.

B. Comprehensively taking account of the grounds for sentencing indicated in the instant argument and the record of the judgment on the assertion of unfair sentencing, the lower court appears to have reasonably decided by taking into account the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.