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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that it is impossible to confirm whether the victims are clearly alive at the time the instant accident occurred. However, in full view of the fact that the victims died due to the diversified injury and the fact that there was a lot of fears, it is reasonable to deem that there was a proximate causal relation with the death of the victims.
Nevertheless, the judgment of the court below which acquitted the defendant about the facts charged of this case is erroneous in misconception of facts.
2. The summary of the facts charged is a person engaging in driving a rocketing car.
On July 3, 2013, the Defendant driven the said car on July 21, 2013, and had approximately KRW 239 km point at the right time of the official city go along one-lane from the official zone to the tent.
At night, the E-Poter's cargo vehicle driven by the victim D (year 29) was a prior exclusive accident. In such a case, the driver of the motor vehicle had a duty of care to safely drive the steering gear, brakes, etc. while considering the traffic situation of the front line and prevent the accident in advance.
Nevertheless, the Defendant neglected this and tried to avoid the collision by finding the cargo vehicle late later without being able to avoid the collision, but did not avoid the collision with the Defendant’s vehicle, and did not avoid the collision with the Defendant’s vehicle, caused the victim D and the victim F (35 years of age) who was on the cargo vehicle in the above cargo vehicle to leave the vehicle outside the cargo vehicle due to the shock of the victim D and the victim F (35 years of age) who was on the cargo vehicle in the above cargo vehicle, and exceeded the victim D by shocking the victim D with the front glass of the vehicle and falling off.
Ultimately, the Defendant is above.