The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was that the instant accident site was the downway immediately after the passage of the tunnel, and was at the right direction, and it was difficult to secure the view due to the absence of a street at night, so the Defendant was in a situation where it was difficult to secure the view. As such, the Defendant continued to drive the instant accident beyond the speed of 40 to 50km per hour, even if he had a duty of care to safely drive at a speed lower than the speed of restriction.

In addition, the defendant is proceeding before his vehicle.

Since E's vehicle was reduced rapidly by getting out of the tunnel, it could be sufficiently anticipated that certain circumstances have occurred in the front section.

According to the E vehicle black image, while E is running along the side of the victim, the defendant is facing the victim immediately, and the victim is already expressed more clearly by the beam of the E vehicle, before the light of the Defendant’s vehicle reaches the location where the victim is located.

However, the judgment of the court below which acquitted the defendant.

2. The judgment of the court below is just in light of the records and closely examining the circumstances duly adopted and appropriately explained by the court below.

In full view of the time and location characteristics of the accident site of this case, the location of the victim and the victim due to the preceding accident, and the objective situation where other drivers, including the defendant, were faced, there was negligence that the defendant did not discover the victim at the time when he was placed on the road floor.

It is difficult to readily conclude, even if found in advance.

Even if the accident was caused, it would have been possible to take any action to avoid the accident.

It does not seem that it does not appear.

We do not accept the prosecutor's assertion of mistake.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.