All appeals by prosecutors are dismissed.

A. Defendant 1) Fact-misunderstanding ① Defendant did not commit a violation of the signal because the vehicle signal was changed to yellow after the Defendant entered the intersection beyond the stop line.

② Since the Defendant’s vehicle passes the crosswalk completely and the accident occurred after approximately five meters high, the accident is not likely to occur in the crosswalk.

2) The sentence of the lower court (an amount of KRW 7 million) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted by the court below as to the Defendant’s assertion of mistake of facts, the Defendant continued to drive the vehicle on the crosswalk in violation of the signal and the fact that the damaged person was shocked in the crosswalk.

Defendant’s assertion is not accepted.

① The Defendant stated in the investigative agency that “the Defendant did not regard and proceed with the intersection signal, etc., and shocked the victim who was beyond the crosswalk,” and found the facts charged in the instant case in the lower court’s court.

It is difficult to understand that the defendant made a false statement on the sole ground that the defendant was neither a door nor a counsel was tried without the assistance of a counsel.

② The victim stated at an investigative agency that he/she was involved in an accident by cutting the crosswalks in green signals.

It is difficult for the victim to believe that the statement of the victim is difficult due to the circumstance that the victim's age is poor or the statement was prepared in the additional place of the victim's appearance.

shall not be deemed to exist.

③ H and I, who have tested an accident, had a victim go on the crosswalk green, etc. at an investigative agency, and the victim was shocked in the crosswalk, where the accident is proceeding against the signal signal.

“The lower court made the statement.”

In this regard, the defendant is the witness of this case.