The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the intermediate part of the electric wire was cut down in many parts due to the instant traffic accident; (b) the main part of the electric wire was entirely cut out; (c) the degree of damage, such as the remaining part going beyond two main parts of the electric transmission line; (d) the witness D of the lower court testified that the electric transmission line was extremely sound if the former owner was left, (e) the Defendant stated in the investigative agency that he was out of the cover of the part with the electric cable; (c) a skiing mark exists at the scene of the accident; (d) a skiing mark that seems to undergo xx on three occasions; and (e) a structure that makes it difficult to see the wire charged at the vehicle driver’s seat; and (e) a part that is a structure that is irrelevant to the recognition of the fact that the Defendant was aware of the occurrence of the accident, the lower court erred by misapprehending the fact that the Defendant was not aware of the occurrence of the accident.

2. Determination

A. The burden of proving the facts charged in a criminal trial on the applicable legal doctrine is that the prosecutor bears the burden of proving the facts charged, and the conviction of guilt shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 91Do1385 delivered on August 13, 1991, and Supreme Court Decision 2008Do10096 delivered on June 25, 2009, etc.). (b)

The lower court determined: (1) The part where the instant vehicle and cable cable wires are shocked shall be the end of the steel bars in the front part of the loading tank installed in the said vehicle, with a structure that makes it difficult to see the said iron bars in the front part of the front part of the loading tank installed in the said vehicle; and (2) substantial noise is generated in the process of damage of telegraph poles by the said accident.