The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles 1) The instant kickboard corresponds to the “motor vehicle” as stipulated in Article 2 subparag. 17 (a) (v) of the Road Traffic Act.

Therefore, the victim who was standing a crosswalk on the kickboard is not a pedestrian under Article 3 (2) 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

2) The injured party aboard the kickboard and proceeded with the crosswalk. The Defendant did not have the possibility of predicting and avoiding the instant accident.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The lower court’s determination as to whether the victim constitutes a pedestrian under the proviso of Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. In other words, according to Article 27(1) of the Road Traffic Act, when a pedestrian (including a bicycle driver who gets off a bicycle and walk the bicycle pursuant to Article 13-2(6)) passes the crosswalk, the driver of any motor vehicle shall temporarily stop in front of the crosswalk (referring to the stop line at the place where the stoppage line is installed) so as not to obstruct or endanger the passage of the pedestrian.

Article 2 subparag. 20 of the Road Traffic Act provides that “A bicycle means a bicycle under Article 2 subparag. 1 of the Act on the Promotion of the Use of Bicycles.” According to Article 2 subparag. 1 of the Act on the Promotion of the Use of Bicycles, a bicycle means “a bicycle is equipped with the size and structure prescribed by Ordinance of the Ministry of Safety and Security, which is two or more wheels with a steering device, steering device, and brake device with a pedal or hand pedal by human force,” and Article 2 subparag. 1 of the same Act provides that “A bicycle is driven by using a pedal or hand pedal by human force.”