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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the instant accident occurred in a child protection zone due to misunderstanding of facts and misunderstanding of legal principles, the Defendant was driving at a speed less than 30 km at that time, and thus, Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents does not apply to the instant accident.
The lower court found the Defendant guilty of the facts charged of this case was erroneous or erroneous by misapprehending the legal doctrine.
B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.
2. Determination
A. misunderstanding of facts and misunderstanding of legal principles 1) proviso of Article 3(2)11 of the Act on Special Cases concerning the Settlement of Traffic Accidents "in the case of causing bodily injury to children by complying with the measures under Article 12(1) of the Road Traffic Act and failing to observe the duty to drive while paying attention to safety of children in a children's protection zone under Article 12(3) of the Road Traffic Act, it includes not only cases where driving at a speed exceeding 30 km per hour in a children's protection zone under Article 12(1) of the Road Traffic Act, but also cases where a driver caused bodily injury to children by driving without paying attention to safety of children within the children's protection zone. 2) According to the evidence duly adopted and duly examined by the court below, the place where the accident in this case occurred is a second line without front line of the elementary school, and the defendant was committed at a speed of about 20-30 km in the speed after confirming that it was the children's protection zone, and the place in this case was installed on the left side of the accident.
In full view of the above circumstances, the Defendant’s attempt to build a path for children or children from a school, who gets off from a driving school vehicle.