The prosecutor's appeal is dismissed.

1. The summary of the prosecutor's appeal is that the defendant, while driving a car, could fully recognize the fact that the defendant caused the death of the victim due to the business situation and the actual loss, but the court below acquitted the defendant. The judgment of the court below is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving a vehicle of DK5 vehicles.

On August 22, 2017, the Defendant driven the above vehicle on August 22, 2017, and driven the road of five lanes in front of the international passenger terminal in Busan East-gu, Busan-do, which is located in 206, at the end of Busan-do, toward about 61.9km from the port of Busan to the port of Busan-do.

At the time of night, there was a duty of care to prevent accidents in advance by taking into account the front door and the left and right of the person engaged in driving business in such a case.

Nevertheless, the Defendant neglected to do so and proceeded as it was, while finding out the victim E (68) who was crossing the road on the right side from the left side of the proceeding direction to the right side, but did not avoid it, and the Defendant was completely victims of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as cutting the pelvis at the Busan National University Hospital, which was under the treatment of the victim after around 23:13 on the same day.

B. A driver of a motor vehicle in the judgment of the court below has a duty of care to anticipate and prepare for an occurrence of an exceptional situation which is difficult to expect and anticipate, by performing his/her duty of care to the extent that he/she could avoid the outcome in preparation for an ordinary predicted situation.

Nor can it be assessed (see, e.g., Supreme Court Decisions 85Do833, Jul. 9, 1985; 87Do1332, Sept. 8, 1987). In light of the following circumstances acknowledged by the evidence examined by the court, the evidence submitted by the prosecutor alone is insufficient.