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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (definite and misunderstanding of legal principles) is that there is a traffic sign and surface sign installed in Yangyang-gun on the road in which the accident occurred at the time of the instant case, and thus, the Defendant is likely to cause the instant accident in violation of such signal.
Therefore, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which ruled that the defendant is not driving a road with access prohibition in the reverse direction in violation of the direction indicated by safety marking
2. Determination
A. According to the evidence, the lower court acknowledged that the instant traffic accident occurred, despite the fact that there was a sign stating “Prohibition of Entry” and the same surface with the same contents at the location of the instant traffic accident, but in Yangyang-gun, it indicated “Prohibition of Entry” surface in order to operate the location where the instant traffic accident occurred as one-way traffic route on April 2017, but did not actually designate or operate as one-way traffic route by accepting the civil petition filed by the merchants around the said location around May 2017, and determined that the evidence submitted by the prosecutor alone is insufficient to readily conclude that the Defendant violated the direction indicating safety signs.
In the end, this case is an offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act where a vehicle that caused a traffic accident is covered by a comprehensive insurance pursuant to the main sentence of Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The defendant's vehicle is covered by a comprehensive insurance,
B. Examining the above judgment of the court below with the evidence duly adopted and examined, it is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.
A road for which entry is prohibited by the defendant in violation of the direction indicated by safety signs for prohibition of passage.