교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. In full view of the evidence, such as the testimony of the reasons for appeal, the fact-finding results with respect to the Road Traffic Authority, etc., the judgment of the court below that acquitted the Defendant of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.
2. Summary of the facts charged and the judgment of the court below
A. On April 13, 2015, the Defendant is a person engaging in driving a CMFM car. On April 12:15, 2015, the Defendant was driving the said vehicle on a road that was built on a road without any distinction of the front line of the DAdong parking lot in Seongdong-gu Seoul, and started from the military direction toward the military direction. On the other hand, if there is no sidewalk for pedestrian traffic and there is no sidewalk for pedestrian traffic, pedestrians are frequent and a large number of vehicles are parked on both roads, and thus, in such a case, the Defendant started from the road by accurately operating the transmission speed and speed system. In such a case, it is necessary for the driver to check whether there is pedestrians, and to safely operate the steering direction and brake system, and to prevent the injury of the victim by driving it in advance, and caused the victim to go out of the road due to the negligence of the victim in front of the said vehicle, and the victim was under the influence of the aforementioned vehicle in front of the road.
B. The lower court determined as follows based on the facts acknowledged by the evidence, i.e., ① stated that an accident occurred by the “emergency” to the police officer who investigated the scene immediately after the instant accident and that the Defendant and witness caused the unexpected malfunction by the driver. In general, the “emergency” was abnormal by causing the driver’s unexpected malfunction.