The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the Prosecutor to the gist of the grounds for appeal, the fact that the Defendant was driving a vehicle while under influence of 0.050% alcohol level, and caused the instant traffic accident can be sufficiently recognized.

Nevertheless, the court below rendered a not guilty verdict on the charges of violation of the Road Traffic Act (driving) and dismissed the prosecution on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury). The judgment of the court below is erroneous in misunderstanding of facts.

2. Determination

A. On August 4, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (1) followed the vehicle behind the vehicle in the same direction while driving a three-lane road in front of the “Yegdong Station” in Gwangju City according to Gwangju City, by driving a vehicle at B SM518 on August 4, 2018. At the same time, the Defendant had a signal apparatus installed on the front side of the road in front of the “Yegdong Station” in the direction of Gwangju City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the motor vehicle ahead and to prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The above-mentioned victim D (the 69th son, the nife) was driven by E in order to stop the vehicle in order to cross the signal, but the distance is too difficult, and the part behind the above damaged vehicle was concealed into the front part of the Defendant's vehicle.

As a result, the defendant suffered from the victim's negligence in the course of performing his/her duties the tensions, tensions, and salts that require treatment for about two weeks.

(2) The Defendant violated the Road Traffic Act (MM5-car driving) by driving a BM5-car car and driving it around 7 km from the front street to the front street of Gwangju City to the front of the 10-gambing field as Gwangju City.