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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the road, which is the place where the instant accident occurred, was parked on the front line of the said accident, including the lane of the said accident, and thus has lost the function of the road. As such, the Defendant, who operates the motor device bicycle, is negligent in violating his duty of care in preparation for the occurrence of the occurrence of pedestrians on the right side of the road, while driving the motor device bicycle on the right side of the road.
Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case on the ground that the defendant could not avoid the accident of this case, and the court below erred by misunderstanding the facts and affecting the conclusion of judgment.
2. Determination
A. The Defendant is engaged in driving a CCA110V motorcycle.
On February 13, 2015, the Defendant driven the above motorcycle around 14:10 on February 13, 2015, and driven the front road of the Seocho-gu Seoul Metropolitan Government D Building along the four-lane distance from the south side of the side of the terminal.
The driver of any motor vehicle shall well live well before and after the driver of any other motor vehicle, while accurately operating the steering gear, brakes and other devices of the motor vehicle, and shall not drive any motor vehicle at a speed or in a manner that may cause any danger and injury to other persons according to the traffic conditions of the road and the structure and performance of the
Nevertheless, the Defendant did not discover the victim E ( South and 31 years of age) coming from the dead vehicle company due to the negligence of neglecting the front city, and did not discover the road due to the negligence, and suffered the victim's injury, such as the removal of the closed head, bones, etc. requiring about five weeks of treatment.
B. In full view of the following facts recognized by the record, the lower court’s judgment is seven-lanes from the opposite India to the victim.