The judgment of the court below is reversed.

A defendant shall be punished by a minor fine of thirty thousand won.

The defendant shall pay the above minor fine.

1. The summary of the grounds for appeal is without fault on the occurrence of the instant accident.

There is no fact that the defendant was faced with the taxi operated by the defendant, and only the accident of this case was caused by the driver's negligence.

Nevertheless, the court below found the defendant guilty on the charge of this case on the premise of the defendant's breach of duty of care, and in so determining, the court below erred by misconception of facts

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal due to changes in indictment.

In the case of a trial, the prosecutor applied for changes in the indictment as stated in the phrase “criminal facts” under the indictment, and since this court permitted this, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court as the grounds for appeal.

B. Determination as to the defendant's assertion 1) Article 49 (1) 7 of the Road Traffic Act provides that the driver shall not open the door of the vehicle without verifying the safety of the vehicle and shall not take necessary measures to prevent the passenger from causing any danger to traffic. In addition to the legislative intent of the Road Traffic Act aimed at ensuring the safe and smooth traffic by preventing and removing all traffic risks and obstacles that occur on the road and at ensuring the safe and smooth flow of traffic by preventing and removing them from occurring on the road, the driver has a general duty not to cause any danger to traffic, such as opening or leaving the door of the vehicle, in a case where the driver stops and causes the passenger to get the passenger to get off the vehicle, without confirming the safety of the passenger. (2) In other words, the following circumstances recognized by the evidence duly adopted and examined by the court below: