The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant on the ground that it is difficult to readily conclude that the Defendant violated the duty of care and the duty of care and the duty of care and the possibility of avoiding the occurrence of an accident even though he/she could have been predicted and avoided, with respect to the instant accident, and that there was an error of misunderstanding of facts

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving C4.5 tons of trucks.

On December 16, 2014, the Defendant driven the above truck on December 11:33, 2014, and proceeded at the speed of two lanes in front of the E, which is located in Geum-gu, Busan, through one lane towards the intersection from the direction of the name-free distance.

Since a crosswalk is installed on the front side of that place, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets on the road by reducing the speed and by properly examining the front side and the right and the right of the motor vehicle, and to drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not look at the front side and the left side of the truck on the ground that the signal is a vehicle driving signal, and did not discover the victim F (n, 74) crossing the road from the right side to the left side of the said truck, and did not proceed so by negligence, which led the victim to the death of the victim due to a diversified damage, etc. on the left side of the said truck.

B. The lower court determined that: (a) the Defendant was passing along the intersection and stopped immediately before the intersection in accordance with the direction of signal lights while driving along one lane of the two-lanes of the intersection; (b) the instant accident site passes along the intersection in the direction of the Defendant’s vehicle, and (c) the crosswalk is installed.