The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant was at the intersection, the point where the accident occurred, making it possible to view the right and the right, and drive at a speed of less than 30 km per hour, which is a Domination of restriction, and fulfilled his duty of care as a driver. Thus, there was

subsection (b) of this section.

Therefore, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts.

B. The sentence of the lower court (an amount of KRW 1,500,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

① The location of the instant accident is a children protection zone in the vicinity of the filial Dong Elementary School, which is a private-distance intersection where no signal apparatus is installed.

② On May 15, 2015, the date and time of the instant accident is the hours during which elementary school students attend school around around 15:05.

③ The instant accident occurred from the left side of the Defendant’s running direction to the right side by the victim E ( South Korea, 8 years old) going along the bicycle. The instant road in which the instant accident occurred is a structure that allows the confirmation of part of the side road in which the Defendant had an opposite line on the left side of the lane where the Defendant was running.

On the other hand, the Road Traffic Act provides that “The driver of a vehicle shall drive the vehicle at a speed of less than 30km per hour and pay attention to the safety of children in the child protection zone (Article 12(1) and (3)). According to the time, place, and road structure of the instant accident revealed in the facts recognized earlier, it is possible for elementary school students to anticipate that elementary school students appear on the road at the right intersection, and if the Defendant had well inspected the front section and the right and the right after the completion of the instant accident, the bicycle enters the private road.