Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

A. The Defendant of mistake of facts found the Defendant guilty on the ground that he did not have caused a traffic accident by violating the signal as stated in the instant facts charged.

B. The sentence imposed by the court below on the defendant (two years of suspended execution for one year of imprisonment without prison labor, one hundred and sixty hours of social service) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, the defendant's act of causing the traffic accident of this case by negligence in violation of the signal as stated in the facts charged in this case, and therefore the court below's decision is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and the defense counsel.

(1) The J, in the opposite line to the Defendant’s proceeding direction, testified in a relatively consistent manner on the situation at the time of the occurrence of the above traffic accident from the investigative agency to the trial court.

J stated to the effect that it corresponds to the facts charged in the instant case, and among them, the signal of suspension was sent to the direction of its proceeding, and the E’s vehicle was in the atmosphere and was left left left at that time, and there was a conflict with the misuse of the Defendant’s driving.

(A) According to the above on-site signal system, when the direction of the J is the stop signal, the defendant's direction is the stop signal and the left turn signal is the left turn signal at E location is hard to find any circumstances to suspect the credibility of the statement.

In addition, in the situation where it is possible for the driver who has observed the above traffic accident to have sufficiently predicted that the driver who had observed the traffic accident was not many due to the very serious mind of the body in the direction of the J at the time, the J is false about the signals of the accident site.