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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the prosecutor is predicted that a person who intends to catch a taxi can get the vehicle on the roadway, and the victim's attitude was well identified and breached the duty of care to prevent a collision, but the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the fact.
2. Summary of the facts charged and determination of the party deliberation
A. On November 23, 2011, the Defendant, at around 00:48, driven D urban buses, and proceeded four-lanes of the four-lanes in front of the departure of Seodaemun-gu Seoul Hong-dong 4, 24-6, Hong-dong 1, Seodaemun-gu, Seoul, with a red control distance from the open of the inventory at approximately 50km.
At that time, there are nights and at a place, so the defendant engaged in the driving business has a duty of care to prevent accidents by viewing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty
Nevertheless, while the Defendant neglected this, while proceeding three-lanes prior to the bus and proceeding as it is, while repeating the operation of the brake system to board passengers, the Defendant discovered the victim E in order to take the cab from the front of the exit area 1 to the fourth-lane in order to avoid the collision with the cab, and the Defendant was driving the steering gear rapidly to the right side in order to avoid the collision with the cab, while the Defendant did not find the victim at the right side of the bus and received the victim from the side of the bus to the right side of the bus.
B. The lower court’s judgment determined as follows: (a) a taxi going into three lanes prior to the instant bus, namely, the following circumstances that can be recognized by the records of the instant case, and (b) a victim was aboard at least one second of the point of the instant collision.