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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the defendant even though the defendant is an expressway, but the defendant neglected his duty of care due to driving on a stroke, and caused the death of the victim, which led to the occurrence of the traffic accident. Thus, the judgment of the court below which acquitted the defendant on the ground of erroneous determination of facts, is erroneous, although the Act on Special Cases concerning the Settlement of Traffic Accidents is established.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unjustifiable.
2. Determination:
A. The driver of an automobile driving on an expressway has no duty of care to prepare for and drive a motor vehicle in preparation for measures, such as rapid stopping, in order to prevent a collision with pedestrians, by predicting that there is a pedestrian crossing the expressway in general.
However, even if a driver caused an accident by shocking a pedestrian crossing on an expressway, he/she may be found by the driver of the motor vehicle, only if it is deemed possible for the driver to anticipate the unauthorized crossing of the pedestrian in a reasonable distance, and there is a special circumstance where he/she could avoid a collision with the pedestrian if he/she immediately reduced or she was in an urgent manner.
(See Supreme Court Decisions 98Da5135 delivered on April 28, 1998, 200Do2671 delivered on September 5, 200, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the instant accident involving the Defendant’s shocking the victim without permission from the right side of the proceeding direction to the left side of the five-lane, which occurred on January 11, 2014, and even if street lamps were installed at that place, the accident location appears to have been same as the night, and the victim also appeared to have been able to wear the clothes of the fright color.