The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and misapprehension of legal principles), G, the passenger of the Defendant driving vehicle, stated that the vehicle did not stop from the investigative agency to the court below's court. In light of the operation record table of the Defendant driving vehicle, the Defendant could be deemed to have violated the signal by failing to temporarily stop the vehicle prior to entering the intersection. However, the court below ordered the Defendant to dismiss the prosecution by applying only Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by deeming that the Defendant did not violate the signal. The court below erred by misapprehending the legal principles, which affected

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(1) The court below’s determination on the credibility of a statement made by a witness of the court below is clearly erroneous in light of the contents of the court below’s decision and the evidence duly examined in the court below, or the court below’s determination on the credibility of a statement made by a witness of the court below was made in full view of the following: (a) the court below’s determination on the credibility of a statement made by a witness of the court below was made in light of the contents of the court below’s decision and the evidence duly admitted in the court below’s decision and the court below’s determination on the credibility of a statement made by the court below; and (b) the results of additional evidence examination conducted by the court below