A. There is a comprehensive analysis of traffic accidents and a statement of D and H supporting the fact that the Defendant’s vehicle invadeds the central line as shown in the facts charged of mistake of facts, but D has a conflict of interest with the Defendant, in light of the possibility that the location of the vehicle involved in the accident might have been moved, the possibility that it would not have been a vehicle of the Defendant, and that D was a drunk driving at the time of the accident, etc., the court below found the Defendant guilty of the facts charged of this case, even though it was not able to believe the above evidence, is erroneous in matters of mistake of facts.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, we examine D's statement in the second trial records of the court below, which correspond to the facts charged in this case, and H's statement in the third trial records of the court below, and credibility of the comprehensive analysis of traffic accidents.

First, as to the credibility of D’s statement, D’s statement is consistent with the investigative agency to the court below’s trial, and D’s statement not only stated that “the other party (Defendant) vehicle saw it to go beyond the central line,” but also made detailed statements to the extent that it is impossible to know that the situation at the time of the accident and before and after the accident is unknown without directly experiencing the situation. Therefore, the credibility of the statement can be sufficiently recognized.

D Even when considering the circumstances that the Defendant and the party involved in the accident are conflicting with each other at the time of the accident, considering the fact that D's statements conform to the conclusion of the comprehensive traffic accident analysis, the credibility of D's statements cannot be denied solely on the grounds of the circumstances alleged by the Defendant, as seen below.

Next, with respect to the credibility of the statement of traffic accident comprehensive analysis and H's statement, the following circumstances, which can be known by the health team and the record, are as follows.