A. In light of the conflict between the Defendant and the Defendant, the Defendant temporarily suspended prior to entering the intersection, looked at the left and right, and there is no negligence, such as the description of the instant facts charged, on the part of the vehicle collision.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the fact that the instant accident occurred is sufficiently recognized by negligence, which was caused by the Defendant’s failure to perform his duty of care to yield the course from other roads to the motor vehicles, etc. who intend to enter the intersection, after stopping the traffic of the intersection before entering the intersection without priority.

Therefore, the defendant's above assertion of mistake is not accepted.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is deemed to have no record of criminal punishment for the same kind of crime, the degree of injury suffered by the victims due to the instant accident is not somewhat weak, and did not reach an agreement with the victims up to the trial of the case.

Until the trial, the defendant does not deny the crime and does not seem to be seriously against the defendant.

In addition, considering the equity of punishment with similar cases, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.