The prosecutor's appeal is dismissed.

1. At the time of the instant case, the Defendant discovered the victim in front of the bus stop adjacent to the bus stop at any time, and reported that the victim was aboard the road in violation of the duty of care to prevent the accident by predicting and accelerating the victim at any time, thereby leading the victim to death.

Nevertheless, the court below has a duty of care to predict and prepare for the exceptional situation in which the victim illegally crosses the bus exclusive lane by misunderstanding the facts.

In other words, it is difficult to deem that the victim could avoid the collision with the victim, and thus, it is found not guilty.

2. The Defendant is a person who is engaged in driving a wide-area bus No. CD belonging to B.

On November 30, 2017, around 22:50, the Defendant proceeded at a speed of about 57 km in the city, depending on the central bus lane from the non-wide distance-protection area to the Seoul Innovation Desection, with three-lane roads in front of the F Bank located in Eunpyeong-gu Seoul Metropolitan Government E.

At the time, it is night and where the view can be restricted due to the location of the central bus exclusive lane and the stop, so the operator of the bus has a duty of care to safely operate the brakes and steering gear by reducing speed in the vicinity of the bus stop, keeping the right and the right at the front and right, and accurately manipulating the brakes and steering gear in the vicinity of the bus stop.

Nevertheless, the defendant neglected this and found the victim G(44 years of age) who crosses the road from the right side of the vehicle driving direction of the defendant to the left side, and did not immediately reduce the accident and prevent the accident by negligence, the defendant was the victim in front of the bus driven by the defendant.

Ultimately, the Defendant’s occupational negligence in Seoul around December 1, 2017, with respect to the victim around 01:15.