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The prosecutor's appeal is dismissed.
Reasons
1. At the time of the instant accident, the gist of the grounds for appeal (the factual error) did not perform the ordinary duty of care required for drivers, such as accelerating the speed, neglecting the right and the right and the right of the Defendant, failing to operate the steering direction and the brake system, and thereby, the victim was dead.
As such, the Defendant breached occupational duty, and there is a causal relationship between such occupational negligence and the occurrence of the instant accident.
2. The lower court acquitted the Defendant of the instant facts charged on the ground that there is insufficient evidence to prove that the Defendant violated the duty of care in the course of performing duties, or there was causation between the breach of duty of care and the occurrence of the instant accident.
In full view of the circumstances cited by the court below and the following circumstances as indicated in the records, i.e., (1) the instant road is a valleyd section of a three-lane, and is a road with a speed of 80 km per hour, and (2) the surrounding area was considerably difficult after sunset at the time of the instant accident, (3) there was no authorization, etc. on the bus stops in the vicinity of the instant accident site, and there was no crosswalk installed in the vicinity, and (4) the road status of the instant road and the time of the occurrence of the accident, etc., the Defendant appears to have been difficult to anticipate the emergence of pedestrians on the instant road in light of the present situation of the instant road and the timing of the accident, the above judgment of the court below is just and acceptable, and there was no error of law by misunderstanding the facts and affecting the conclusion of the judgment.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.