교통사고처리특례법위반등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the prosecutor’s summary of the grounds for appeal, the contents of the traffic accident comprehensive analysis document and G’s statement in which the prosecutor prepared a traffic accident comprehensive analysis document, etc., the defendant sufficient evidence to fully recognize that the defendant's vehicle driven by the victim D due to occupational negligence as stated in the judgment below (hereinafter “victim’s vehicle”) is changing the course from one lane to two lanes.
Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.
2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone cannot be readily concluded that the defendant brought about the victim's vehicle due to occupational negligence while changing the course from the first to the second two lanes, and there is no other evidence to acknowledge this otherwise. Therefore, the court below did not err in matters of mistake of facts, such as the prosecutor's assertion, in the judgment below which acquitted the defendant of
The Defendant consistently stated, immediately after the instant accident, from the investigative agency to the trial of the trial court, that “a person was driving along one lane of the four-lane road, without any change in the course to the two-lane, and the victim D, who was going on the right side of the direction of his own course, has shocked his own vehicle while entering the direction to the one-lane one-lane.”
B. The first investigative agency: (a) judged that the victim D was driven in a four-lane road on the road in which the accident occurred while the victim D was driven in by an irregular lane, and that the victim D entered the one-lane direction in which the defendant was driven and the vehicle was shocked; and (b) investigated the victim D with the charge of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc.
C. The traffic accident initial response sheet prepared by police LW is the instant accident situation.