The prosecutor's appeal is dismissed.

1. In exceptional cases, the summary of the grounds for appeal (misunderstanding of facts) is changed. As such, the defendant was on board the driver's seat and moved the flag to D "D".

Therefore, the defendant intentionally completed the operation of the operation from the moment when he moves the term to D as above.

It is reasonable to view it.

Therefore, even if the facts charged in this case are found guilty, the court below found the defendant not guilty of the facts charged, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

2. Relevant legal principles

A. The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value that makes a judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined in the interests of the defendant (see Supreme Court Decision 2002Do5662, Dec. 24, 2002). (b) Article 2 subparag. 26 of the Road Traffic Act provides that "driving" means using a vehicle on the road according to its original purpose and use. Article 2 subparag. 18 of the Road Traffic Act provides that "motor vehicle" means a motor vehicle driven by a motor without using a railroad or a installed line, i.e., the operation of a motor vehicle in order to fall under the original purpose and use of the motor vehicle, and that it is necessary to use the motor vehicle in accordance with the original method of use.

For purposes of doing so, it is not sufficient to operate an engine only, and it requires the completion of so-called operation (see Supreme Court Decision 98Da30834 delivered on November 12, 199). Any person is a motor vehicle.