The judgment of the court below is reversed.

The defendant shall be innocent.

1. The gist of the grounds for appeal is that the road in which the instant accident location is located (hereinafter referred to as the “road in this case”) is urgent, and thus, it is necessary for a driver to thoroughly view the front section as a driver.

According to the results of the traffic accident analysis by the Road Traffic Authority, the defendant was negligent in not taking into account the road condition on the road of this case, and considering the minimum stop distance according to the speed of the vehicle at the time, the defendant may be able to stop before the victim. Thus, the relationship between the defendant's negligence and the death of the victim is recognized.

According to the result of on-site inspection by the court below, the road of this case is a brightness of street lamps, and the victim was suffering from easily brightnessd clothes at the time, and according to the actual black stuff image, it is confirmed that the victim was living on the road of this case before the defendant was serving the victim.

In full view of these facts, it is recognized that the defendant's negligence of neglecting the duty of care and caused the death of the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination:

A. Before making a judgment on the grounds of an ex officio appeal, the prosecutor has the duty of care to prevent the accident by accurately operating the steering gear and brake system of the vehicle according to the traffic situation in the front time in the facts charged in the trial of the party.

Nevertheless, the defendant neglected this and found the victim E (62) who was in the front line on the road on the front line, and applied late, but did not avoid it and did not have the body of the victim with the front wheels of the defendant's driver's seat.