A. The Plaintiff was on board the Cargo in the instant case due to mistake of fact (as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents

D. F is a person for whom the cross-section of this case has long passed, and his statement is more reliable than the defendant's statement that he had been under the influence of alcohol at the time of the accident.

If the testimony that corresponds to the defendant's assertion appears, H is highly likely to give favorable testimony to the defendant as a member of the company of the defendant, and considering the signal cycles established at the intersection of this case, it can fully recognize the fact that the traffic accident of this case occurred due to the defendant's violation of signal.

Nevertheless, the court below acquitted the defendant on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on the grounds that it is difficult to recognize the defendant's violation of signal.

B. The sentence sentenced by the lower court (1.5 million won in penalty) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is a person engaging in driving a CFD car.

On December 19, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.050% during blood transfusions on December 19, 2015, and led the Defendant to drive the said car under the influence of alcohol concentration of 0.050%, leading the front of the road to the intersection of the road in the direction of both reduction and exemption at an rapid speed from the inside of the direction.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, due to the negligence of neglecting this, the victim D (49 S, south) who was proceeding in accordance with the normal straight line from the left side of the running direction to the knife on the left side of the driving direction due to the negligence going ahead of the signal, the back part of the knife of the knife and the back part of the knife of the knife shall be shocked to the front one of the car of the defendant.