The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (misunderstanding of the facts and misapprehension of the legal principle), the Defendant, based on the evidence submitted by the Prosecutor, operated a motor vehicle by holding the operation control or operation benefits

However, the lower court is insufficient to prove that the Defendant was driving a motor vehicle at the time of the instant crime.

In light of the above, the court below acquitted the charged facts of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;

Even if there is no evidence to establish such a degree of conviction, it is inevitable to determine the interest of the defendant even if there is suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). Examining the reasoning of the acquittal portion against the defendant in light of related evidence and records, the court below, on the grounds as stated in its reasoning, driven a motor vehicle on the date and time for the crime of this case by the defendant.

It is difficult to recognize

In light of the foregoing, it is reasonable to render a not-guilty verdict on the facts charged in the instant case (the instant automobile is not owned by the Defendant).

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.