A. In light of the fact that the victim of mistake of facts entered the instant intersection although he was red signal, he did not comply with the matters to be observed under the Road Traffic Act, such as driving along the center at the right side of the road in the case of bicycles, despite having to pass along the center of the road, and that the defendant complied with the speed and signal when passing through the instant intersection, and thus the third party is able to comply with it, it shall be deemed that there was no negligence in connection with the occurrence of the instant traffic accident, but the court below recognized that the defendant was negligent in violating the duty of care. Such judgment of the court below is erroneous in the misapprehension of facts and affected

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In the occurrence of a traffic accident, it is reasonable to believe that such abnormal behavior such as traffic offense by a victim or a third party is not available in light of all the circumstances at the time when such behavior is opened, the responsibility of the perpetrator is denied unless there is a traffic offense causing the accident on the part of the perpetrator. In order to apply the principle of trust protection, the responsibility of the vehicle must be reasonable enough to trust the normal behavior of the victim involved in the traffic accident or the third party (see Supreme Court Decision 2000Da12068, Sept. 5, 200), and the driver of the vehicle driving along the intersection where traffic control is performed by signal signal shall also be sufficient to believe that other vehicles are in compliance with traffic regulations and take appropriate measures to avoid collision, and the driver of the vehicle shall also be forced to violate the signal and drive the vehicle on the part of the other vehicles, and shall be avoided by driving or getting the vehicle on his own course.