A. The Defendant, at the time of the accident, misunderstanding of facts, she was faced with a bridge platform that the Defendant saw in a usual cane while avoiding a vehicle driven by C rapidly.

Therefore, C was injured by a traffic accident that occurred in the course of the operation of the vehicle, and the insurance money is duly received accordingly.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The court below affirmed the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts: (i) although the defendant stated in an investigative agency that "the defendant was injured by the right bridge on the vehicle driven by C, and was hospitalized at the hospital" with respect to the circumstances of the insurance accident, it is clearly confirmed that the defendant did not face at all the vehicle driven by C according to CCTV video recorded at the time of the accident (Evidence record 38-39 pages); (ii) unlike the defendant's statement in an investigative agency, the court stated that "the defendant was faced with the vehicle at the time, not by the vehicle at the time, by the vehicle at the time," the defendant was unable to distinguish the defendant's behavior at the time of receiving the insurance accident from the vehicle at the time of receiving the accident at the time of the accident at the time of the accident."