The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts), the evidence submitted by the prosecutor, the defendant may have the criminal intent to escape, so the facts charged in the instant case shall be deemed guilty.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous by misapprehending the legal principles or by misapprehending facts and affecting the judgment.

2. In full view of the circumstances as indicated in its reasoning, the lower court, based on the evidence presented by the prosecutor, has committed a criminal intent to escape after causing the instant accident to the Defendant.

It is difficult to readily conclude that the evidence submitted by the prosecutor alone is proven to the extent that there is no reasonable doubt about the defendant's intention to flee.

On the ground that it cannot be seen that there is no proof of a crime against the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in this case, the court rendered a judgment dismissing the prosecution against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which is related to such a crime.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misapprehending the legal principles or by misleading facts as alleged by the prosecutor

subsection (b) of this section.

Therefore, the prosecutor's above assertion is not accepted.

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