A defendant shall be punished by a fine of 400,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant claiming a misunderstanding of facts did not have any shocked with the victim of the freight lane as stated in the instant charges, and even if there was a shocking fact, it cannot be deemed that the victim suffered injury due to the instant traffic accident due to the minor degree of the shocking fact.

B. The lower court’s sentence on the ground of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined by the court below and the trial court as to the assertion of mistake of facts. ① The victim consistently stated from the investigative agency to the court below that “the cargo vehicle of the defendant is about to stop the crosswalk, and the above cargo vehicle is about to cut back in front of the crosswalk, and the above cargo is about the front side of the victim’s right bridge.” ② According to CCTV image installed at the traffic accident scene, the defendant is on the front side of the cargo vehicle, and the victim is on the front side of the above cargo vehicle, and the above cargo vehicle is on the front side of the cargo vehicle, and the victim is on the front side of the cargo vehicle, and the above cargo vehicle is on the front side of the cargo vehicle, and the victim is on the front side of the above cargo vehicle, and the victim is on the part of the above cargo vehicle and the victim is on the side of the above cargo vehicle, and the victim is on the front side of the victim, and the victim seems to have been on the front side of the road accident immediately after the traffic accident of this case.