The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since a mistake of fact or misunderstanding of legal principles (not guilty part) victim's entry into the intersection, or since almost the defendant's vehicle entered the intersection at the same time, the defendant had a duty of care to safely drive such vehicle by driving slowly, maintaining a safe distance.

Nevertheless, the court below erred in finding the Defendant not guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, since it is difficult to see that the Defendant was negligent in the occurrence of

B. The sentencing of the lower court (in full) on the grounds that the sentencing of an unreasonable sentencing (two million won of a fine) is too uneasible and unfair.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the lower court’s judgment was erroneous.

It is not unreasonable to maintain the judgment as it is against logical and empirical rules, and there is no special change in circumstances that can change the formation of a conviction after the judgment of the court below.

(see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). Furthermore, it is difficult to ascertain whether the victim’s Obane entered the intersection or entered the intersection at the same time with the evidence submitted by the prosecutor alone.

According to the results of the analysis of the traffic accident investigation, although the defendant's vehicle was investigated to have been operated at the speed of 41.7 km at the time of the accident, it is only presumed value, and it is difficult to analyze the speed at the time of the accident of the victim's ozone.

Considering the conflict point of this case and the conflict part of each vehicle, the possibility that the defendant vehicle has entered the vehicle can not be ruled out.

If we look at this point, there is no evidence such as obvious accident images, witness's statement, etc. which can see the defendant's negligence, the court below is stated in its decision.