All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The instant accident occurred because the Defendant fulfilled his duty of care on duty.

The judgment of the court below erred in the facts.

B. A prosecutor (unfair sentencing) suffered serious injury to the victim due to the instant accident.

The court below's postponement of sentence against the defendant is too unfortunate and unfair.

2. Determination

A. According to the following circumstances revealed by the evidence duly adopted and examined by the lower court on the part of the Defendant’s assertion of mistake of facts, the Defendant was driving in the process of checking the safety of the course by taking into account the right and the right at the time of the instant accident, and doing so.

It can be sufficiently recognized that he did not fulfill his duty of care.

The court below did not err in the misapprehension of facts.

In this case, the road of this case is a children protection zone where a sign of a children protection zone is installed, a driver engaged in driving service shall reduce the speed, take the right and the right of the road, and drive it with due regard to the safety of children.

On the other hand, immediately before the point of accident, the driver had a duty of care to safely see whether there is a pedestrian, such as temporarily stopping the crosswalk while passing the crosswalk, or accelerating it to the extent that it can be easily stopped.

In addition, the left side of the road at the site of the accident has a reflectence, so the vehicle or people coming from the E-building on the upper side of the road in this case can be identified.

In addition, when it is difficult to secure the view due to the parking of the selective parking vehicle on one side of the road, more attention should be given, such as conducting a string and driving on the right side, etc.

However, the Defendant passes through the crosswalks immediately before the point of the instant accident and the side of the door-to-door vehicle, and moves at a speed until the victim's bicycles and vehicles are faced.