The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (fact-finding) is that the court below held that the defendant was about to avoid another vehicle and the F driver's vehicle conflict with the other vehicle. The court below erred in the misunderstanding of facts and misapprehension of legal principles as to the charges of this case, although the court below found that the accident of this case occurred due to the failure of care in finding out the f driver's vehicle at a reasonable distance, if the defendant knew the f driver's vehicle and accurately handles the steering gear, brakes, etc., according to the evidence submitted by the prosecutor, the court below erred in the misapprehension of legal principles.

Judgment

In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on strict evidence with probative value, which makes the judge feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). Therefore, if there is no such evidence, even if there is a doubt that the defendant is suspected of a crime, the judgment of conviction should be based on the benefit of the defendant.

(See Supreme Court Decision 91Do1385 delivered on August 13, 191). Examining the evidence duly adopted and examined by the court below closely, the evidence submitted by the prosecutor alone, as stated in the court below, is insufficient to recognize that the above drilling accident was caused by the defendant's negligence, and there is no other evidence to acknowledge that the above drilling accident was caused by the defendant's negligence, and there is no new evidence in the trial.

Therefore, the judgment of the court below which acquitted the defendant is not erroneous and it is not recognized that the prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is without merit.