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The prosecutor's appeal is dismissed.
Reasons
1. If the summary of the grounds for appeal follows the Defendant’s compliance with the speed limit of 60km/h, the victim was found to have been driving in violation of the signal in the front direction, and operated the steering direction and brakes properly, thereby preventing the instant accident.
Therefore, the court below's decision that there is no causation between the negligence that proceeds over 30km/h of the defendant's speed and the accident of this case is erroneous in the misconception of facts.
2. Determination
A. On September 24, 2013, at around 00:15, the Defendant driven the Crocketing car volume, the Defendant continued to drive a four-lane road in front of the 'comprehensive sports ground shooting distance' located in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, in the direction of the long-term office building distance, into three-lanes in the direction of the movie initial distance.
In order to prevent danger on the road and ensure the safe and smooth flow of traffic on the road, there was a duty of care not to drive more than 60km/h of the restricted speed.
Nevertheless, due to negligence in the process of straight speed exceeding 30 km/h while neglecting this, the victim's driving of the victim's Espath-to- left turn by violating the signal signal in the direction of the front direction of the district in front of the vehicle in front of the defendant's vehicle, leading the victim to the front part of the vehicle in front of the defendant's vehicle, thereby causing the victim's injury such as knee knee in the front part of the knee part of the knee-to-kne part, tension, etc.
B. The lower court found the Defendant not guilty on the ground that it was found that the Defendant, who was directly in accordance with green light, proceeded with a speed of 90km/h above 30km/h, was erroneous, but there was no evidence to deem that the Defendant could avoid a collision after finding that the Defendant would have come to the left and the left if he had observed the speed limit.
(c) Green light the intersections where traffic is controlled by the traffic signal for the decision of the party.