A. In fact, misunderstanding of the legal principles, the Defendant, at the time of the instant accident, was normally proceeding at a normal speed, and thus, he fulfilled his duty of care. The point of the instant accident is a place where the two straight lines out of the bend road begin, and it is difficult to see the front light of the vehicle that proceeds from the instant accident, and thus, even if the Defendant was at a lower speed, it was difficult to avoid the instant accident, even if the Defendant continued to avoid the instant accident.

Therefore, there is any negligence on the defendant.

not, and even if there is negligence, there is negligence.

Even though the relationship between the instant accident and the occurrence of the accident cannot be recognized, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, convicted the Defendant of the instant facts charged.

B. In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the defendant (one year of imprisonment without prison labor for April and one year of suspended execution) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts and legal principles, the location of the accident in this case is where the crosswalk is installed, and the situation where it is difficult to see the front door due to the beam of the vehicle's headlight at night, so the defendant was erroneous in proceeding without taking such measures despite his duty to reduce the speed in the vicinity of the crosswalk, and the fact that such negligence is sufficiently recognized as the cause of the accident in this case. Thus, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the grounds for sentencing indicated in the instant argument and the record, the lower court’s sentencing against the Defendant is a number of grounds for sentencing alleged by the Defendant.