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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant, is erroneous in the misunderstanding of facts, even though the defendant caused a subsequent accident resulting in the victim's driver's vehicle, which was in excess of the left-hand side due to a prior exclusive accident, by causing the victim's death.
2. Determination:
A. The summary of the facts charged is a person engaging in driving a observer car.
On August 29, 2013, around 05:39, the Defendant came to proceed in the direction of king from the direction of the tent to the point of 223.2 km of the Mancheon-do Mancheon-do Mancheon-do Mancheon-do Highway.
At the time of night and at the front of the defendant's moving direction, the G-wing and cargo cars driven by the victim F (51 years of age) were in the situation of prior exclusive accidents. In such a case, there was a duty of care to prevent accidents by viewing the front door and accurately manipulating the steering gear and brakes to prevent accidents.
Nevertheless, the Defendant neglected this and found and operated the brakes for the victim's wing and cargo which were late later, but eventually, caused the victim's vehicle to be loaded in front of the Defendant's vehicle.
(hereinafter “Ex Post Facto Accident”). Ultimately, the Defendant caused the death of the victim due to the injury to the head’s part at the site by occupational negligence as above.
B. The lower court determined that: (a) recognized the circumstances leading up to the instant preceding and following accidents and the cause of the victim’s death; and (b) deemed that the victim had suffered significant shocks due to the preceding accidents that occurred prior to the instant accident; and (b) the shocks caused by the instant accident appears to have been concentrated on the left-hand or front-hand side of the victim’s head when considering the direction of the front direction of the damaged vehicle and the direction of its meeting; (c) rather, the victim is the head part of the victim.