The prosecutor's appeal is dismissed.

1. The ordinary driver of the Reasons for Appeal can sufficiently recognize the existence of a vehicle beyond the speed limit of the vehicle. Since the defendant's chest height of the victim who was driven by a vehicle driven is about 2.5 to 5 times the speed limit of the victim, it is reasonable to view that the defendant sufficiently recognized the fact that the victim was faced with the vehicle by the above vehicle. Considering the circumstances where the defendant used the same parking lot every five years as a person with a five-year driver's experience and used the same parking lot every three years, it is difficult to understand the fact that the defendant's change to the purport that he was unaware of the fact that the victim was faced with the vehicle, and even if the above vehicle speed of the vehicle was frightened, the defendant did not know the fact that the above vehicle had been driven for a long time, and the defendant did not have been aware of the fact that the above vehicle had been driven by the victim's own scambing of the road surface and the fact that the defendant had not been aware of the fact that the vehicle had been parked within the above parking lot for a considerable time.

2. Determination

A. The lower court determined that the Defendant is “D” located in Gwangjin-gu Seoul Special Metropolitan City around 04:52 on July 21, 2013.