The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for four months.

However, for a period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles (defendants) committed a violation of the speed limit on the section where the lower strings failed to protect pedestrians to the extent that the lower strings did not aim at protecting pedestrians as much as it constitutes an expressway.

Even if it can not immediately be considered as the negligence of the defendant, and the victim is expected to cross the expressway without permission and has no duty of care to drive it. Therefore, the defendant cannot be held liable for negligence in the occurrence of an accident.

B. The Defendant asserts that the sentence of the lower court is too unreasonable, while the Defendant asserts that the sentence of the lower court is too unreasonable, the prosecutor is too unfasible and unfair.

2. Determination

A. As recognized by the lower court, the Defendant, while driving a de facto-misunderstanding or misapprehension of the legal doctrine, is recognized to have brought about damage to the right side of the lane from the left side while driving a de facto-type Gwangju Highway at a speed of about 58 km at the speed from the speed of 30 km front of the Cananananan District, the speed limit of which is 30 km per hour, entering the national highway at the speed of about 58 km in front of the Cananan District Office.

2) The prosecutor has been negligent on the part of the defendant as to the violation of speed limit and the duty of care on the front side.

The argument is asserted.

3) Therefore, we examine whether there was a defendant’s negligence in the course of the occurrence of an accident.

A) First of all, limiting the speed of the small portion of the charge to 30 km is designed to prevent traffic accidents due to the reduction of the width of the small portion of the charge, driver's camping restrictions, and the malfunction of the load, etc. In addition to the small portion of the charge, places where the traffic safety is particularly necessary, such as the resting area, the rest area, the rest area of the driver, and the rest area of the driver, etc., other than the small portion of the charge, are limited to the speed of the expressway at a speed of 30 km per hour, and the determination of the restricted speed is irrelevant to pedestrian safety.