The prosecutor's appeal is dismissed.

According to the summary of the grounds for appeal (the factual error or misapprehension of the legal principle), although the defendant could be found to have caused the death of the victim due to occupational negligence while driving a vehicle at the time of the instant case, the judgment of the court below which convicted the defendant of the facts charged in the instant case by misunderstanding the facts or misunderstanding the legal principles, which affected

Judgment

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below:

The road in which the accident of this case occurred is a wide range of six-lanes and where a wooden group play a central line, and in light of the structure, size, etc. of the road, it seems difficult for people to expect that the road will cross without permission. In fact, the accident site of this case or its neighboring road is frequently crossing without permission by the residents.

No evidence can be found to prove that the defendant knew of such circumstance.

In addition, the point of accident of this case is about 57 meters away from the exit of the underground lane installed at the center of the above road. The defendant started from the two-lane road of the above six-lane road, and started from the above six-lane road to the ground, and the accident of this case occurred immediately thereafter. At that time, it was difficult for the victim to find in advance the victim, who was going to the center on the opposite side of the opposite side prior to the occurrence of the accident of this case, or who was coming to the center on the road, with approximately 30 minutes prior to the passage of the vehicle as well as pedestrians and the vehicle. In such circumstances, the victim was able to find in advance the victim, who was going to the center on the opposite side of the accident of this case, or who was going to the center on the centralization.

On the other hand, the victim is under the influence of alcohol at the time of the instant case.