가. 사실오인 이 사건 사고는 D이 운전한 화물차에 적재되어 있던 철판이 화물차가 굴곡진 부분을 진행하면서 덜컹거리는 바람에 차선을 넘어와 옆 차로에서 진행 중이던 피고인 운전의 버스 우측면에 부딪혀 발생한 것이고, 피고인은 이 사건 사고 발생에 과실이 없다.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court (six months of imprisonment without prison labor) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts or circumstances are acknowledged.

In other words, ① the instant road is two lanes, and the bus operated by the Defendant immediately before the instant accident occurred, from the first lane, the freight vehicle of D Driving starts with the freight vehicle in the front line than the bus, and the freight vehicle first starts with the freight vehicle in the front line.

(2) At the time, two iron plates, the length of which is 4m and 19.95m, are loaded on the left side in the form of rhythm, the left side of which is 4m wide and 19.95m wide, and the right side of which is lower.

③ On the right side of the bus of Defendant due to the instant accident, there was a tear damage in succession from the front section of the bus ( nearly top part of the bus, and 3.2m above the ground) to the center (not more than 1.5m above the rear wheels, not more than 1.5m above the ground, and 47 photographic image of the evidence record).

(A) The front portion of the bus has been severely damaged and the center part of the bus has been completely cut. (4) The left end of the steel plate which was loaded on the cargo at the time of the accident appears to have been displayed below the lower end of the bus.