The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (definite or misunderstanding of legal principles) and the statement by the witness E of the lower court as to each traffic accident of this case where the Defendant’s vehicle shocked the victim (the first and second vehicles) and the witness E of the lower court, the average speed of the Defendant’s vehicle driven in the direction of 31.9m or 59.8m away from the intersection to the location of the instant accident through CCTV images was measured at approximately 86.6m or h/h, and the degree of error in the speed measurement by the CCTV image analysis is 1 to 2km/h/h., it can be recognized that the Defendant suffered injury by shocking the victim due to the occupational negligence that driven in excess of 20km/h of the restricted speed on the road.

Nevertheless, the judgment of the court below which dismissed the defendant's vehicle on the ground that the defendant's negligence of driving a vehicle in excess of 20 km/h cannot be deemed to have proved that the accident in this case occurred due to the negligence of driving a vehicle in excess of 20 km and thus, it is erroneous in the misapprehension of legal principles as to the violation of speed limitation under the proviso of Article 3 (2) 3 of the Act

2. Determination

A. The traffic accident analysis report submitted by the prosecutor (II) states that the running speed of the Defendant’s driving vehicle at the section of approximately 31.9 to 102.0 meters from the intersection of the accident point is calculated at approximately 82.1 to 87.3km each hour after the intersection of the accident point. However, the above speed is merely a presumed figure with a reference to the video screen, and it can be found that there is an error. Since the width of the roadside, etc. is anticipated, it is difficult to readily conclude that the Defendant violated the restriction speed by itself, in light of the fact that the location of the collision is not clearly revealed since the 30m from the 30m to the intersection of the accident point after the intersection of the accident point does not appear in CCTV, and the speed of the above vehicle at that section is also impossible to measure it.