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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that a witness G, who was a witness at the time of the accident in this case of mistake of facts, and that a vehicle behind a motor vehicle of the defendant stops, the defendant was found not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on the ground that the defendant was not recognized as a criminal suspect, even though he was aware of the occurrence of an accident in this case at the time of the accident in this case,
B. The punishment of imprisonment without prison labor for eight months and two years of suspended execution imposed by the court below on the defendant is too uneasible and unfair.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is the person driving a cargo loading with E-math 3.5 tons in white.
On October 13, 2013, the Defendant driven the above vehicle around 05:30 on October 13, 2013, and stopped the three-lane road of 19-76, Seongbuk-dong, Seongbuk-gu, Seoul, in the direction of the street crossing in the direction of the street crossing.
There are crosswalks where signal lights are installed and in particular new walls are installed, so in such a case, there was a duty of care to safely drive the crosswalk as well as to check whether a person engaged in driving business is a person who gets on the crosswalk by checking well the front door.
Nevertheless, the Defendant neglected this and started from the Defendant’s act of violating the signal at an insular speed before the vehicle’s course signal is changed to green, and did not find out the victim F, which opened the crosswalk to the port from the right side of the Defendant’s right side while pedestrian signal on and off, without finding out the victim F (n, 81 years old), and moves out to the right side of the Defendant’s driver’s freight tower, and then over the victim with a structure to the right side of the Defendant’s vehicle, resulting from a diversified egaracy, etc.