교통사고처리특례법위반(치사)
The prosecutor's appeal is dismissed.
1. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine
A. Although the alleged defendant's negligence during driving led to the death of the victim by shocking the victim of the defendant's vehicle by an excessive negligence, the court below found the defendant not guilty of the relevant facts charged by misapprehending the legal principles.
B. In a case where there are no new objective grounds that could affect the formation of a conviction in the appellate trial’s trial process, and there are no reasonable grounds to believe that the determination of a conviction in the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, etc., the determination on the recognition of facts in the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court erred by misapprehending the evidence submitted by the prosecutor on the ground of the detailed circumstances in the item “non-crime part” as a motor vehicle driver as an exclusive motor vehicle driver.
Even if there is negligence, it is difficult to see that the defendant's negligence was the direct cause of the accident.
Since it is impossible to recognize a substantial causal relationship, it judged not guilty of this part of the charges.
In this part of the judgment of the court below, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.
In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.
The judgment of the court below on this part is just and there are errors in the misapprehension of facts or misapprehension of legal principles alleged by the prosecutor.
subsection (b) of this section.
The prosecutor's assertion is not accepted.
2. The appeal by the conclusion prosecutor is dismissed for reasons.