The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal of this case is that the defendant's accident of this case was shocked by the victim who was waiting for the signal above the crosswalk, and in light of all the circumstances, if the defendant fulfilled his duty of care, it should be deemed that the traffic accident caused the victim by negligence in the course of duty while neglecting the driver's duty of care caused predictability and possibility of avoiding the accident.

Nevertheless, the court below acquitted the charged facts of this case on the ground that the so-called "the principle of trust" did not have predictability or possibility of avoidance of an accident. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving a vehicle B QM3.

On November 22, 2018, around 19:15, the Defendant proceeded at a speed of about 50km from the intersection to the Sungju-gun, a three-lane road in front of the Daegu-gun C Apartment, Daegu-gun, along three-lanes from the intersection of the river.

At the time, there is a crosswalk at which signal lights are installed at night and at the front of that place, so there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as checking whether there is a person driving the motor vehicle by reducing the speed and checking well the front door.

Nevertheless, the Defendant neglected the duty of Jeonju, and neglected to proceed as it was, caused the victim D (the age of 62) who was going on the road front of the direction of the defendant's running, to go beyond the victim.

Ultimately, the Defendant suffered, due to the above occupational negligence, from a serious injury to a horse that caused the following: (a) the confluence of reconcution, the escape of the part of the reconcution, and other damage to the victim for about 32 weeks.

B. The judgment of the court below and the court below of this Court are "judgment" among the judgment below.