교통사고처리특례법위반(치상)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant can be found to have caused the instant accident by violating the duty to protect pedestrians in the crosswalks.
However, the lower court dismissed the instant public prosecution on the premise that the foregoing facts were not recognized.
2. In light of the circumstances stated in its holding, the lower court, based on the evidence submitted by the prosecutor, by itself, has breached the duty to protect pedestrians in the crosswalk.
It judged that there was a lack of recognition.
The judgment below
Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts, thereby affecting the conclusion of the judgment.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.