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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact-misunderstanding (as to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) of a road where a traffic accident occurred, a house without a central line is a sideway, where pedestrians’ passage is frequent, and it was sufficiently anticipated that pedestrians may appear on the road on the road in order to cross the road. At the time, the Defendant was proceeding at a very rapid speed among the roads, and the front and the right and the right of the road were not well examined, the lower court acquitted the Defendant of a violation of the duty of care on the part of the Defendant, even if the Defendant was found to have violated the duty of care.
B. The sentence of the lower court that is unfair in sentencing (200,000 won) is too unhued and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant charged with this part of the facts charged
U.S. 2 U.S. Kwikset (0.25 kilowatts of rated power) is a person engaging in driving service.
On June 23, 2017, the Defendant driven the Kwikset without obtaining a motor device bicycle license from around 19:10 on June 23, 2017, and driven the front road of the Seoul Jung-gu in the direction of Skset childcare center from the front side of the road.
A driver of a vehicle has a duty of care to obtain a driver's license and to ensure the safety of the course and accurately manipulate the steering and brakes so as to prevent accidents from occurring.
Nevertheless, the defendant neglected this and caused the victim E (the age of 15) who is a pedestrian due to the negligence of driving without a motor device bicycle license.
Defendant 2 caused injury to the victim by negligence in the course of performing the above duties, such as the 'brush dynasty dynasty dynasty for about two weeks.'
B. Evidence duly adopted and examined by the lower court, and in particular CCTV images, ① the road of this case is a side-way for a house without a central line, and ② the road of this case.