교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) although people’s walking is sufficiently anticipated due to the characteristics of the rural road in which the instant traffic accident occurred; (b) even at night at the time of the accident, there was no difficulty in securing the view due to the light of the vehicle, and thus, (c) even if it is sufficiently recognized that the Defendant violated his duty of care as a driver, the judgment of the court below which acquitted the Defendant of the facts charged in this case on a different premise
2. The court below found the Defendant not guilty of the facts charged in this case on the ground that, in full view of the circumstances in its holding, it is difficult to deem the Defendant was negligent in violating the duty of care on the ground that, in comparison with the records and records, the judgment of the court below is just and it is not erroneous in the misapprehension of the legal principles as asserted by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.