The prosecutor's appeal is dismissed.

1. The summary of the facts charged is that the Defendant is a person engaging in driving a rocketing taxi.

On March 13, 2012, the Defendant driven the above vehicle on March 23:16, 2012, and led the four-lane road in front of 1990 to the Southern East-gu, Seoul Special Metropolitan City, along the direction of the shooting distance from the direction of the Nakdong River basin, to the speed of about 72 km.

At the time of night and the above south cycle road is at a speed of 60 km or less per hour, so in such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as may inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and shall have a duty of care to prevent accidents in advance by safely reporting the traffic situation in the front direction.

Nevertheless, the defendant neglected his duty at the front time, and neglected to know in advance that the victim E (the 46-year old) who crosses the road on the right side from the left side of the vehicle driving by the defendant's vehicle driving at the right side to the right side in order to avoid a collision with the vehicle on the number omitted prior to the vehicle driving by the defendant.

Ultimately, the Defendant caused the victim to die by occupational negligence above at around 23:39 of the same day directly on the site of a private person’s multiple wounds.

2. The judgment of the court below

A. As shown below, the Defendant has a duty of care to anticipate the same situation as the traffic accident stated in the facts charged (hereinafter “instant accident”).

The facts charged of this case cannot be deemed to have a causal relationship between the defendant driven beyond a limited speed and the occurrence of the accident of this case.