교통사고처리특례법위반
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor's appeal of this case is as follows: (a) the point where the accident occurred in this case occurred is that many children walk along the way to the child protection zone; (b) the victimized child was injured for about six weeks, and the defendant seems to have proceeded at considerable speed; (c) the victimized child was a length going beyond the center line on the left side of the defendant's running direction; (d) so if the defendant was aware that the victimized child was a child protection zone and paid more attention, he could easily find and sufficiently stop the victimized child; and (e) taking full account of the evidence submitted by the prosecutor, the defendant can sufficiently recognize the fact that the victimized child was inflicted on the victim by violating the duty to ensure safety of the child in the child protection zone and drive the victimized child.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. The circumstances as shown in the judgment of the court below and the following circumstances acknowledged by the records of this case, namely, ① the location of the accident of this case is limited to the speed of the motor vehicle, etc. to the designated place as a children protection zone within 30km per hour, ② the defendant consistently stated that the accident of this case was done at a speed of about 15 to 20km per hour at the time of the accident of this case. In light of the present situation of the accident of this case, the location of the accident of this case is not divided into the vehicular road into one lane and delivery, and the vehicle of this case was operated by the defendant (hereinafter referred to as the "defendant vehicle") because there are many students attending both roads at the time, and there is no other circumstance to find that the defendant was driving in excess of 30km per hour, ③ the defendant and the present site of this case, and the statement of D's witnessing the accident of this case.