The prosecutor's appeal is dismissed.

1. The gist of the facts charged is that the Defendant is a person engaged in driving buses C.

On June 1, 2012, the Defendant driven the above bus around 21:18, and driven the road of four-lanes in front of the tunnel No. 2-1, Namsan-dong, Jung-gu, Seoul Special Metropolitan City, in the southsan-dong, the two-lanes in front of the tunnel No. 2-1, Namsan-dong, in the parallel of the tunnel No. 1, Namsan-dong, the parallel of two-lanes from southsan-dong, to one 33km in the city-speed, and entered the tunnel No. 1, Namsan-do.

In this case, the defendant who was engaged in driving service has a duty of care to safely drive the bus and prevent accidents in advance by safely driving the bus by reducing speed and accurately manipulating the brake system, etc.

Nevertheless, the defendant neglected to stop driving the bus without a proper stop, and found the victim D (55 years old) who crosses the space between a ticket in the right side from the left side of the direction of the course of the course at late later, and operated the bus to avoid this, but did not avoid it, and did not go beyond the road by receiving the head part of the victim's head from the front part of the bus.

Ultimately, the Defendant’s occupational negligence in the same month.

9. At around 12:38, the E Hospital in Jung-gu Seoul Central District had caused the death of the patient due to salivosis and cerebral ties, etc.

2. The lower court’s judgment: (i) the place where the instant accident occurred is located is the road between the tunnel ticket office and the ticket office in Namsansansan; (ii) the time when the instant accident occurred is around 21:18; (iii) the time when the instant accident occurred, the time of the accident is around 21:18; (iv) there are ordinary personnel of the ticket office due to not operating the ticket office after 21:00; and (iii) the bus operated by the Defendant is passing free of charge from the tunnel No. 1 in Namsansansansan; and (iv) the bus of the Defendant entered the ticket office to the ticket office and immediately before the access to the first ticket office was made.