The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that if the defendant operates the vehicle normally in light of the fact that the two vehicles run along the first road of this case prior to the defendant, the accident could have been avoided if all the two vehicles discovered the victim and changed the course.

Nevertheless, the Defendant, while driving at a speed of about 101.8km at a speed of about 90km per hour depending on one lane, caused the instant accident to cause the death of the victim by negligence, which occurred without reducing speed, even though the F Drivers, who continued to drive the same lane, changed the lane into two lanes and take measures to avoid the collision.

Therefore, even if the defendant's liability for the crime is recognized, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles as to mistake and negligence liability.

2. The decision of the court below is that ① a road installed for the exclusive use of a motor vehicle (Article 2 subparagraph 2 of the Road Traffic Act) means a road for the exclusive use of a motor vehicle (Article 2 subparagraph 2 of the Road Traffic Act) and a pedestrian auxiliary motor vehicle under Article 2 of the Enforcement Rule of the Road Traffic Act must pass through the "road" rather than the "lane" as prescribed by the Road Traffic Act (the walking auxiliary motor vehicle does not fall under the "motor vehicle" as prescribed by the Road Traffic Act). ② According to Article 19 of the Enforcement Rule of the Road Traffic Act, the driving speed on the road for the exclusive use of a motor vehicle is 90km, the highest speed is 30km, the lowest speed is 30km, and ③ at the time of the accident, the victim of the motor vehicle at the time of the accident is driving the motor vehicle along the centralized separation zone at a speed of about 10 to 15km, ④ At the time of the accident, the two motor vehicles are travelling between the defendant's pedestrian auxiliary motor vehicle and the two-lane.