The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to recognize the Defendant’s occupational negligence in relation to the instant accident by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

2. Determination

A. The summary of the facts charged is that the Defendant, who is engaged in driving of CPoter2 truck on September 22, 2015, driven the above cargo vehicle at around 16:15 and proceeded at a speed of about 20km in the speed of 3 lanes in the direction of the Gu mountain basin from the west e-vehicle in the direction of the Gu mountain basin from the west e-mail. The Defendant was negligent in performing his duty of care to prevent an occupational accident by driving the above cargo vehicle at around 16:15 on September 2, 2015, while driving the vehicle at around 3-lanes in the direction of the Gu forest basin. The Defendant, without permission, failed to take necessary measures such as operation of the vehicle at the right direction of the victim, without permission by negligence of the victim and failed to take necessary measures such as operation of the vehicle at the right direction of the victim, and at the same time, at the same time the vehicle was set at the first and second lanes of the above road and the two-lane.

B. The lower court determined based on the evidence duly adopted and examined by the lower court.