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The defendant's appeal is dismissed.
Reasons
In light of the legal principles on the gist of the grounds for appeal, although the location of the accident in this case occurred, the defendant had already entered the crosswalk, and the defendant, who is the friendship of the victim, set up a taxi in the crosswalk itself, and moved the direction of the defendant to the left-hand side in order to avoid the taxi, and the accident in this case occurred while shocking the victim's stick entering the crosswalk in order to get off the taxi.
In light of the above circumstances of the accident, the victim cannot be deemed to be “when crossing a crosswalk” as provided by Article 27(1) of the Road Traffic Act, but the court below found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.
The punishment sentenced by the court below to the defendant (the punishment amounting to five million won) is too unreasonable.
Judgment
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim is deemed to have been walking the crosswalk.
Therefore, we do not accept the defendant's assertion of law.
Article 27 (1) of the Road Traffic Act does not mean all cases where a person passes a crosswalk, but it is limited to cases where a person passes the crosswalk with an intention to cross the road (see Supreme Court Decision 93Do118, Aug. 13, 1993, etc.). In addition, in consideration of the legislative purport of Article 3 (2) main sentence and proviso of Article 3 (6), Article 4 (1) 6, Article 4 (1) (proviso) 1, Article 27 (1) of the Road Traffic Act, Article 27 (1) of the Road Traffic Act, and Article 27 (1) of the Road Traffic Act, the passage of the crosswalk by strengthening the driver's duty of care to the pedestrian, and further protecting the safety of the pedestrian's life and body who passes the crosswalk, the driver of all vehicles shall cross the crosswalk in accordance with the direction of signal apparatus.