The prosecutor's appeal is dismissed.

1. In light of all circumstances, such as the fact that there is a doubt as to whether the Defendant had confirmed the post-exploitation through the police at the time of the right-handion, the instant accident occurred due to the Defendant’s breach of duty of care due to the Defendant

must be viewed.

Nevertheless, the judgment of the court below which acquitted the defendant on the other hand is erroneous.

2. In full view of the circumstances indicated by the lower court, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant breached his duty of care in the course of performing his duties, or was partially negligent on the part of the Defendant.

Even if the defendant's negligence and the occurrence of the accident of this case are proved to be beyond reasonable doubt that there is considerable relation to the person.

It is difficult to see it.

Therefore, prosecutor's assertion of mistake is without merit.

1) Taking into account the following factors: photographs at the scene of the accident, the part where the defendant's Track conflict with the victim's Track (the part where the Track is more connected with the Track, the evidence records 33 pages), the speed of the defendant's Track (at the time of the accident in this case, about 3 tons are loaded with a compacter at the defendant's Track, and the progress of the Track which is confirmed by re-refit video that the defendant submitted to the court below at the time of the accident in this case, it seems that the speed of the Track at the time of the accident in this case was less than 10 to 15 km at the speed), etc., the victim's Track seems to conflict with the defendant's Track while the defendant tried to pass the Track to the right side of the accident in this case, and tried to go through the scene in this case.

In light of the length and structure of the Trackor, even in the situation where the Trackor was already launched to turn the Track to the right side in order to turn to the right side of the Trackor, it is visible from the Track driver.