The defendant shall be innocent.

1. The driver of any motor vehicle involved in the facts charged shall accurately operate the steering gear, brakes and other devices of the motor vehicle and shall not drive the motor vehicle at a speed or in a manner that may cause any danger and impediment to other persons, depending on road traffic conditions and the structure and performance of the motor vehicle;

Nevertheless, the Defendant, on October 16, 2014, around 18:25, around 18:25, around 18:30, at the front of the 21 Confucian School, operated a C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

2. Determination

A. In light of the purpose of the Road Traffic Act, Article 48 of the Road Traffic Act and Article 156 Subparag. 1 of the same Act, which provide for the driver’s duty to drive safely, and the legislative purport of the provision regarding the violation of the duty to drive the motor vehicle, the crime of violating Article 48 of the same Act is established when the driver drives the motor vehicle at a speed or in a manner that causes danger and harm to others by failing to accurately operate the steering gear, brakes or other devices of the motor vehicle, or by failing to comply with the traffic conditions or the structure or performance of the motor vehicle, and thus, the specific speed or method of driving can be deemed as a highly probable driving act in light of the situation of road traffic and various devices, structure, and performance of the motor vehicle at the time.

It shall be interpreted (see, e.g., Supreme Court Decision 2010Do7009, Nov. 25, 2010). B. Specific determination is based on the following circumstances, i.e., the overall purport of the evidence duly adopted and investigated by the court, i.e., the instant traffic accident involving around 18:25, Oct. 16, 2014.