A. Although the defendant by mistake of facts caused a traffic accident as stated in the facts charged of this case (hereinafter "the traffic accident of this case"), considering that the victim had a history of having undergone a chest scambling operation in the past in the old age, the traffic accident of this case cannot be deemed the direct cause of the victim's death. Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of an unreasonable sentencing (a fine of four million won) imposed on the Defendant is too unreasonable.

2. Determination

A. 1) Since proximate causal relation is not the only cause or direct cause to the effect that the defendant's act is the death of the victim, the proximate causal relation is not the only cause or direct cause to the effect that the defendant's act is the death of the victim, even if there is a different fact between the defendant's act and the victim's death and the fact was the direct cause of the death, if such fact was not caused by the defendant's act or is ordinarily foreseeable, it shall be deemed that there is a causal relation between the defendant's act and the victim's death (see, e.g., Supreme Court Decisions 82Do2525, Dec. 28, 1982; 93Do3612, Mar. 22, 1994). In light of the above legal principles, the victim's distance between the defendant's act and the victim's death and the victim's injury during the period of 20 years, which were lawfully adopted and investigated by the court below.