The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, including the statement of D in the summary of the grounds for appeal, even though the defendant can recognize the fact that D's motorcycle (hereinafter "Mitoba") fell short of his own vehicle, and without taking necessary measures at the time of the occurrence of a traffic accident, the court below acquitted the defendant of the facts charged, which is erroneous in the misunderstanding of facts.

2. Determination

A. The Defendant in the instant charges is a person engaging in driving a B X-ray truck.

On June 29, 2017, around 06:45, the Defendant is proceeding along the intersection of Gangseo-gu Seoul Metropolitan Government, along the one lane from the intersection of Kimpo Airport to the international line. On June 29, 2017, the two-lane road, which is the place of the accident, has increased to four lanes, and the two-lane road, which is the place of the accident, is proceeding along the right-hand road.

While the Defendant is proceeding as above, there was a traffic accident that changes the course to the E-to-lane of D(42 years of age) driven by the Defendant at the two-lanes, and the left-hand part of E-to-hand hand of E-on vehicle contacts the pent part after the right-hand part of E-on vehicle.

As a result, D/Oba has lost the center and exceeded the road, and D had D leave the site of the accident without taking necessary measures in the event of the occurrence of the traffic accident, even though there was a situation that could interfere with traffic flow due to injuries such as chestba in need of treatment for about two weeks.

B. The lower court consistently asserted that the Defendant had consistently known that D had been sleeped on its own, and that the occurrence of the accident occurred due to contact with his own vehicle. The following circumstances acknowledged by the evidence duly adopted and investigated, and ① the place where the said traffic accident occurred was covered by the steel board on the floor due to the construction work, and there was no accident.