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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the Reasons for Appeal is that the location of the instant accident is located between the apartment complex and the tent, and the pedestrian and the passage of the road were reasonable. At the time of the instant accident, the Defendant driven a car and proceeded along the two-lanes of the three-lanes. At the time of the instant accident, the freight vehicle, which was going on the three-lanes, was in a situation where the vehicle was light, and the Defendant was aware of this, so the Defendant should have been driving more safely.
However, the judgment of the court below that the defendant could not be deemed to have been negligent by applying the principle of trust, even though the defendant had caused the victim's death with a passenger car by negligence.
2. Determination on the grounds for appeal
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court determined that the Defendant was negligent in violating the duty of care on the part of the Defendant, on the part of his wife, who was in operation within a limited speed, and was able to believe that the pedestrian would not cross the road on the six-lane road created by the central separation of the road. There is no evidence to acknowledge any special circumstance to exclude the principle of trust, and thus, it is difficult to deem that the Defendant was negligent in violating the duty of care.
Therefore, the facts charged of this case are not proven and constitute innocence under the latter part of Article 325 of the Criminal Procedure Act.
1) At the time of the instant accident, the accident location was considerably difficult prior to sunrise around 5:10 minutes from the new wall on April 3, 2014. 2) The accident location of the instant accident was formed in accordance with the division of the central level, and it was difficult to easily anticipate that the Defendant may have pedestrians who want to cross the road, as it is installed in the nearest area.
3. The defendant shall be able to resist at a speed within the speed limit.