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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In light of the width and form of the road, surrounding the road, etc. where an accident in the judgment of the court below (hereinafter “instant accident”) occurred due to mistake of facts or misapprehension of the legal principles, the court below found the Defendant guilty of the facts charged in the instant case even though there is no possibility of predictability and avoidance of the instant accident, the court below erred by misapprehending the legal principles or misapprehending the legal principles.
2) The sentence of the lower court (one year of imprisonment without prison labor, six months and one year of suspended execution) which was sentenced to unfair sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. 1) According to the evidence duly examined and adopted by the lower court, the following circumstances are acknowledged.
① The instant accident site is one-lane road without delivery, and there is farmland around the instant road. Therefore, it is not difficult at all to anticipate that neighboring village residents in spring can walk at the edge of a road.
② The road in which the instant accident occurred is in the form of a bend and bend, and it is not easy to secure the view due to small advertising signs, miscellaneous trees, etc.
In particular, the boomer operated by the defendant refers to the steel structure in the shape of human selling, connecting the core body of a boomer with the boomer in connection with the main body of the boomer, which is connected to the main body of the boomer. On the basis of the boomer's seat, it is located on the right side, and it is not well secured for the right side of the road.
Defendant
In addition, “the blind zone is not easily seen due to the booming boom connected to the body of a softer, and the edge of the road is not well visible, so in order to prevent an accident, the driver shall report to the maximum extent and not be operated outside the way to prevent the accident (13th page of Defendant’s newspaper).” ③ The road in which the instant accident occurred is about 2m 70cm to 3m 5m from the width.