A. The point where the accident occurred in mistake of facts is the last point of the crosswalk, and the victim was a bicycle, despite the fact that the victim was a bicycle at the time of the accident, the court below recognized the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on the premise that the location of the accident was inside the crosswalk and the defendant was operating the horse at the time of the accident.

B. The judgment of the court below on the imposition of an unreasonable sentencing (three million won of a fine) is too unreasonable.

2. Determination:

A. According to the result of the verification of mistake of facts in the trial of the court below, it can be acknowledged that the pedestrian signal in the crosswalk was green, etc. at the time of the accident in this case, the location of the accident in this case was within the crosswalk, and the defendant's warning at the time of the accident in this case was in operation, not the situation where the defendant's warning was stopped at the time of the accident in this case. In full view of these facts and the reasoning of the judgment of the court below, it can be recognized that the defendant, considering the above facts and the reasoning of the judgment of the court below, without confirming that the pedestrian signal in the crosswalk was a green light, has shocked the victim's bicycle riding and passed the crosswalk, and the traffic accident in this case is a traffic accident

B. Although the Defendant’s judgment on the assertion of unfair sentencing is a primary offender, the victim’s injury is not somewhat weak, the Defendant appears not to make any effort to recover damage, the Defendant denies the instant crime and does not oppose it, and in light of all the various sentencing conditions indicated in the record of the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.