The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor (misunderstanding the facts), at the time of the instant accident, there was a circumstance in which the Defendant could anticipate and avoid unauthorized crossing by discovering the victim D (hereinafter “victim”) at a reasonable distance from the time of the instant accident.

It is reasonable to see that the defendant caused the accident of this case by negligence in breach of his duty of care as a driver, and therefore, the victim's death has been sufficiently recognized.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant is a person who drives a Csch Rexton car.

On February 3, 2016, the Defendant driven the above vehicle at around 23:12, 2016, and led the two lanes of the two lanes in the direction of the sloping area near the exit area, as the sloping area near the sloping area in the direction of the new village located in the new Yacheon-ri, Yacheon-gu, southnam-do.

Since there are two-lane national highways, which are not good at the time, there was a duty of care as a driver to clarify the front city and to proceed by safe speed and method.

Nevertheless, the victim was found late to cross the course from the right side by negligence while performing the duty of safety driving, such as the front city, etc., and the victim was faced with head in the center separation, and the victim was able to use it in the top line, which is the opposite side.

After all, the Defendant suffered injury, such as brain injury, etc., to the victim due to such occupational negligence, and caused the death immediately from the job.

B. The lower court’s judgment, in light of the facts and circumstances as indicated in its reasoning, is based on the evidence submitted by the prosecution, to the Defendant.