교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the court below found the remainder of the prior cargo vehicles, which the defendant neglected to perform the duty of care in advance, later than 4 seconds and found late, and found the proximate causal relation between such negligence and the accident in this case, it was erroneous in the judgment of the court below which acquitted the defendant of the facts charged in this case on a different premise, or in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination on the grounds for appeal
A. In light of the following circumstances revealed by the record, the lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to deem that the instant accident was proven without reasonable doubt, by neglecting the duty of care, the duty of care, the duty of operating steering equipment, and the duty of driving according to the structure and performance of the vehicle, solely with the evidence submitted by the prosecutor.
1) The Defendant appears to have been able to find out the fallings of the preceding cargo vehicle immediately after discovering the fallings and changing the fallings from the two lanes to the one lane. 2) In order to avoid the discovery of the fallings of the vehicle, the Defendant changed the vehicle to the one lane. The Defendant seems to have been able to change the vehicle again to the two lanes in order to avoid drillings with the preceding cargo vehicle running along the same lane.
Since the previous cargo vehicle that has changed the lane into one lane at the time of 3rd, there is a considerable distance between the front line vehicle and so it is deemed not necessary to reduce the speed rapidly. Thus, if the preceding cargo vehicle is driven at the speed or slowly, it would not be necessary to reduce the speed rapidly, the bus operated by the defendant would conflict with the preceding cargo vehicle.