The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, including the summary of the grounds for appeal (misunderstanding the facts), the video of the black box, the statement of the investigation report on the actual traffic accident, the results of appraisal by the National Institute of Scientific and Investigative Research, etc., installed in the trucking vehicle of the Defendant, the Defendant caused the instant accident by negligence in breach of the duty of care as a driver, and thereby, the victim E (hereinafter “victim”) caused the death.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the Defendant is a person engaging in driving Dmers trucks.

On November 3, 2015, the Defendant driven an above cargo vehicle on November 13:15, 2015, and driven the front side of the motor vehicle along the direction of the Seo-gu of Gwangju, Seo-gu, with four lanes from the luminous shooting distance to the lower side of the 83km in speed.

Since there is a road with a speed of 70 km per hour, it has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system according to the traffic conditions of the road and the structure and performance of the vehicle while complying with the speed limit and living well on the right and the right and the right and the right of the driver.

Nevertheless, the defendant neglected this and proceeded at a speed exceeding 13 km per hour over 13 km per hour, and found the victim's right-hand side from the defendant's right-hand side to the right-hand side of the cargo of the defendant, and caused the victim to go beyond the road.

Ultimately, around November 16, 2015, the Defendant caused the death of the victim by occupational negligence in the Joseon University Hospital located in 365, a multi-long period of time, etc., according to the penology of Gwangju-dong, Gwangju-gu.

(b).