교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. In full view of the Defendant’s statement at the investigative agency and the court below’s decision, the traffic accident occurrence report, the site photograph of the traffic accident, the results notification of the request for the analysis of the traffic accident (Road Traffic Authority), witness H’s statement, etc., the lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that it is difficult to recognize the Defendant as having a duty of care to drive a vehicle by preparing an attitude to prevent collision in advance, such as speeding the victim’s vehicle, on the ground that: (a) the Defendant had been witnessed at a distance or could have anticipated the abnormal operation of the victim’s vehicle because he had been driven by the victim D (hereinafter “victim”); and (b) there is an error by misapprehending the rules of evidence or by misapprehending the legal principles on the duty of care on the duty of duty of care
2. Determination
A. The summary of the facts charged in this case is that the Defendant is engaged in driving of C-A-to-purd passenger cars.
On June 25, 2012, the Defendant driven the above vehicle on June 25, 2016:14, and proceeded at the speed of 77 to 85 km from the west on the west side with a 20-lane map located in the detailed scular sculp of Sin-gun.
At the same time, it is the straight straight line of the asphalt package, and there is no obstacle to the view of the view, and at the same time, it was operated by the 100cc Stopy 100cc Stopy , which has not been driven by the victim (the South and the age of 73) on the opposite lane, and there is a possibility that the left turn to the left over the center line in order for the above private-to-land, which is used for agriculture, to go to the right side from the driving direction of the Defendant to the upper road, so in such a case, the driver of the vehicle shall not drive the vehicle at such a speed or in such a manner as may inflict any danger and obstacle on other persons according to the traffic situation of the road and the structure and performance of the vehicle.