The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the court below erred by misapprehending the facts and acquitted the Defendant of the instant facts charged, although it could sufficiently be recognized that the Defendant was negligent in violating his duty of care in the course of performing duties.

2. Examining the evidence duly adopted and examined by the court below in light of the records, a thorough examination of the records reveals that the evidence of this case alone, based on the judgment of the court below, was proved to the extent that there was no reasonable doubt that the defendant caused the instant accident in breach of duty of care in driving the vehicle.

On the grounds that it is difficult to see that there is an error of mistake of facts as alleged by the prosecutor in the lower judgment, since the measures that judged the innocence of the instant facts charged are justified, and there was no new evidence that corresponds to the facts charged in the instant case in the trial.

It does not seem that it does not appear.

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.