The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: F consistently states that the seller of two-wheeled automobile (the total amount of 400cc) in fact at the time of appeal is the defendant; B has consistently stated that the seller of two-wheeled automobile (the total amount of 400cc) is the defendant's mobile phone (L); L. The voice of the file of telephone conversations submitted by F is almost the same as the defendant's voice; the appearance of the driver of two-wheeled automobile in CCTV is almost the same as that of the defendant's driver's license book; E, the driver of two-wheeled automobile alleged by the defendant, who did not appear in the investigation agency; E, the driver of two-wheeled automobile, who used E, was opened through the main seal; G, the legal testimony voice of G at the court below and the monetary voice of investigation agency, at the request of the defendant, is highly likely to drive a two-wheeled automobile without the driver's license at the time of this case.

2. Determination

A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions may lead to such convictions, the determination should be made in the interests of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal (see, e.g., Supreme Court Decision 2013Do100, Mar. 30, 2017). (b) The lower court, on the grounds indicated in its reasoning, determined that the Defendant driven a two-wheeled automobile at the time of the instant case.

The charges of this case were acquitted on the ground that there is no evidence to prove.

In addition to the judgment of the court below, the following circumstances recognized by the court below and the evidence duly adopted and examined by the court below, i.e., the digital forensic center of the Supreme Prosecutors' Office.