The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

1. The abstract of the grounds for appeal caused the instant traffic accident by negligence in the course of business, as long as the defendant neglected his/her duty to see on the front side while driving his/her motor vehicle at a restricted speed beyond

Even if the person could be determined, the lower court’s judgment that acquitted the Defendant is unreasonable.

2. Determination

A. The gist of the facts charged is that the Defendant is a person engaging in driving a freezing vehicle E.

On December 9, 2016, the defendant, around 03:42 on December 9, 2016, driven the Changdong and Underground Road in front of the Dobong-gu Seoul Metropolitan Government F, by the two-lanes between the two-lanes in the direction of the flow distance from the bank of the Dobong-gu Police Station.

At the time, there was a milch, and there was a crosswalk and a intersection in the front section, so there was a duty of care to reduce the speed for those engaged in driving business and to prevent accidents by checking well the ebbbbrance, ebbr, and rain.

Nevertheless, the defendant did not discover the victim G(45 years old) who was in the end of the above underground vehicular road due to negligence when he neglected the duty of the front time at a speed of about 55 to 70 km in speed, and did not discover the victim G(45 years old) and shocked the victim by the front one.

Ultimately, the Defendant suffered injury among brain damage that requires treatment for more than six months due to occupational negligence as above.

B. In light of the fact that the point where the accident occurred in the lower court’s judgment is the edge of the underground roadway where only the vehicle passes, that there is a central separation and a rail installed on the roadway, and that there is no crosswalk at the location where the accident occurred in the front of the area where the accident occurred among the front of the area where the accident occurred, the Defendant may have pedestrians at the location where the accident occurred.

It is difficult to expect.

The decision is judged.

In addition, as at the time of night, the victim was able to see the defendant's vehicle at the center of the two-lanes of the two-lanes of the body of the body of the body of the victim, and the defendant was in the upper end of the road by passing through the underground vehicular road.