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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the traffic accident history of the instant case, vehicle photographs, traffic accident analysis appraisal reports, vehicle repair estimate, and diagnosis reports by the National Institute of Scientific Investigation, etc., of the gist of the grounds for appeal, the Defendant caused secondary accidents resulting in the death of the victim by negligence while driving a vehicle and neglecting to take care of the vehicle.
must be viewed.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. According to the evidence duly adopted and examined by the court below, the following facts are found: ① on January 11, 2017, the victim: (a) around 01:30, while driving a freight vehicle at the fourth-lane of the speed of the parallel on the expressway at a speed of 92 km (hereinafter “accident on the road”); (b) the cargo vehicle operated by the injured party due to the foregoing preceding accident is the fourth-lane of the truck; (c) the F driver’s freight vehicle was stopped on the five-lane of the truck; and (d) the defendant, on the same day, found the freight vehicle at the speed of 72 km along the above road at a speed of 72 km; and (d) the victim’s vehicle was changed to the right side of the truck in the front direction; and (e) the victim’s vehicle was changed to the front direction of the truck in the front direction.
In addition to the above facts, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the instant accident occurred at night and the distance at the scene of the accident seems to have been short due to the failure to install street lights at the scene of the accident, and ② the Defendant discovered the cargo driven by F in the front line, and changed the vehicle to four lanes in order to avoid collision with the said vehicle, but the vehicle was stopped at four lanes due to the change of the vehicle line.