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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal, including the report on the occurrence of the traffic accident, the actual traffic accident investigation report, the site photograph of the traffic accident, the report on the arrival of the traffic accident site, and the fact-finding inquiry report by the Korea Road Traffic Safety Authority, etc., the defendant examined whether the defendant, as shown in the facts charged in this case, has a vehicle entering the intersection while driving the rab, has been driven by entering the intersection, and if there is such vehicle, he can sufficiently recognize the fact that the defendant, who has violated the duty of due care to avoid the accident and violated the duty of care to drive, caused the victim's death. However, the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment
2. Determination
A. On April 12, 2012, the Defendant: (a) around 14:10 on April 12, 2012, driven by C Malaysia while driving on a job; and (b) was running the intersection in front of the volcanic three-lane in front of the Gyeong-gun in the Gyeongsung-gun in the direction of Sung-Eup along a two-lane screen from the direction of Sung-Eup along a two-lane speed in speed.
In such cases, when there is a vehicle that is already entering the intersection from another road as a driver of a motor vehicle takes well into the traffic situation of the front side, he/she has the duty of care to give the right of way to the vehicle and prevent the accident in advance by driving safely.
Nevertheless, the Defendant neglected this and went into operation, and found the victim D (71 years of age, n) who first enters the intersection from the left side of the running direction to the right side of the Defendant, and operated the 49C Sweon with no number plate for driving of the victim D (71 years of age, n). However, the Defendant did not avoid it, but did not conflict with the part of the front-hand part of the Defendant’s vehicle.
The Defendant’s negligence in the course of business as above caused the victim to die by low-blood shock show around 03:55 on April 14, 2012.