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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The summary of the facts charged in this case is misunderstanding of facts and misapprehension of legal principles. “Defendant is a person engaged in driving Oba (hereinafter “the instant Obaba”). On November 3, 2018, the Defendant driven the instant Obaba, which was around 22:15, and led to one-lane of the three-lanes of the signal gate, from among D roads located in Gangseo-gu, Busan, along the three-lanes of the signal gate from the E elementary school room. At night, the Defendant was at night, and there was a duty of care to reduce the speed and safely drive the vehicle and pedestrians by examining the right and the right and the right and the right of the vehicle. Nevertheless, the Defendant did not neglect this duty of care and did not drive the apartment road without permission on the left side of the Ebababababa, and did not discover the two-lanes of the Gbababababa (hereinafter “the instant case”).
(hereinafter referred to as “the second accident”). Ultimately, the Defendant caused a traffic accident by occupational negligence as above and caused G to die at around 22:18 on the same day, and caused the death of G due to an external wound, scarcity, etc.
According to the evidence submitted by the prosecutor, after the defendant suffered the first accident, the defendant neglected to take follow-up measures to prevent other vehicles from overcoming G and neglected approximately 40 seconds for the second accident and was sufficiently recognized as negligence caused by the death of G due to the second accident.
Nevertheless, the lower court, on the sole basis of the evidence presented by the prosecutor, could have predicted the Defendant’s central intrusion operation at the time of the instant case.
Motor vehicles of either A or A driving shall serve G.