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The prosecutor's appeal is dismissed.
Reasons
1. According to the G’s statement with the summary of the grounds for appeal and the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts that the Defendant sustained injury by shocking the victim F while driving the Oral Sea on October 24, 2015 at around 00:12, but the court below found the Defendant not guilty. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On October 24, 2015, the Defendant, a person driving C124cc Oral Ba, driven the above Oral Ba on October 24, 2015, and driven the front road located in D in Busan East-gu, Busan, along with one-lane road from the side of the Seowon market to the Ansur Hospital.
In such cases, the driver of a motor vehicle, etc. has a duty of care to safely drive the motor vehicle by reporting the front door and the left and right well.
Nevertheless, the Defendant did not properly go on the front, and caused the injury to the victim F(46) who was sitting on the road due to the negligence that the Defendant was driving on the road, and caused about 8 weeks to the victim, such as a 4th anniversary of the border, which requires approximately 8 weeks of treatment.
B. The lower court determined as follows: (a) according to the evidence submitted by the prosecutor, it can be acknowledged that the victim was injured by an accident at the time and place indicated in the facts charged in the instant case and causing about eight weeks of medical treatment; (b) however, the following circumstances acknowledged by the record can be acknowledged: (a) the Defendant discovered the victim at the time and place indicated in the facts charged in the instant case; (c) he was used on the road; (d) the Defendant was forced to find the victim at the time and place; and (e) he was forced to use on the road; and (e) he did not have any shock of the victim due to urba; and (e) the victim F was argued at the investigative agency and the lower court court’s court.