Based on its stated reasoning, the lower court upheld the first instance judgment that rendered a decision to dismiss the prosecution against the facts charged in the instant case.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “duty to protect pedestrians on the crosswalk” under Article 3(2) proviso of Article 3 subparag. 6 of the Act on Special Cases concerning the Settlement of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.