교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the facts charged reveals that the Defendant driven Drodis van as of March 15, 2012 at around 17:30, while driving a Drodis van and driving the two-lane road in front of 892-71 located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, in accordance with the two-lanes of the above road, the victim, on the right right-hand side of the road in front of the moving direction, was using the two-lanes of the road in front of the moving direction, while driving the two-lanes of the road in front of the front right-hand side of the road. In such a case, the driver of the motor vehicle, who is engaged in driving the motor vehicle, failed to perform his/her duty of care in driving the motor vehicle while maintaining a sufficient safety distance with the victim on the road, thereby leading to the death of the victim by shocking the part of the victim's head and the right-hand side of the above road with the rear wheels of the vehicle.
2. The judgment of the court below is based on the following facts: the defendant, while driving a two-lane, stated that the victim would go beyond two-lanes from the right side of the direction, operated the steering gear and avoided it into one-lane; according to the traffic accident comprehensive analysis document, the Road Traffic Authority, which analyzed the accident of this case at the police's request, shows that the defendant operated the steering gear on the left side and shocked the right side of the victim, but it is difficult to judge whether the defendant was the victim's outward or in excess of the victim at the time of the collision. In light of the above facts, there is no evidence to support that the defendant could prevent the accident if the defendant runs a vehicle in lieu of driving the vehicle in one-lane, the evidence submitted by the prosecutor alone is sufficient to shock the victim who was placed in the place of the accident of this case due to occupational negligence, which caused the defendant's failure to perform his duty of driving at front, left, and right side.