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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the defendant can be found guilty of having caused the death of the victim due to a traffic accident described in the facts charged in the instant case.
Therefore, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the judgment.
2. In full view of the circumstances stated in its reasoning, the lower court acquitted the victim on the ground that the evidence submitted by the prosecutor alone cannot be readily concluded that the victim was alive at the time of the preceding accident caused by the joint Defendant A, or that the result of death would not have been caused if the victim had not been involved in the subsequent accident with the Defendant’s vehicle.
A. The lower court’s judgment, based on the evidence duly adopted and investigated by the lower court, was difficult at the time of the instant accident, as follows: (a) the Defendant discovered that the said A’s vehicle was in front of the center line and the Defendant’s proceeding (one lane) beyond the center line due to the previous accident; and (b) found that the said vehicle was in front of the two lanes to avoid a collision with the said vehicle; and (c) was in front of the victim’s previous accident due to the previous accident, a thorough examination of the record reveals that the previous accident would have led to the shock of the victim who was going on the two lanes due to the previous accident. In so doing, the Defendant died of the victim due to the negligence that the Defendant failed to perform his/her duty of care at the front time.
It is difficult to conclude that the judgment of the court below that acquitted the defendant is just and acceptable, and there is no violation of law by mistake of facts as alleged by the prosecutor.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.