A. Defendant 1) The accident of mistake of facts in this case is not that of the defendant's negligence that affected the victim's mistobane, but that of the defendant's mistobane to turn left at the third-lane of the road of this case. Since the defendant's mistobane to turn to the left was caused by shocking the defendant without finding the victim, the defendant does not bear criminal liability because there was no negligence on the occurrence of the accident of this case. 2) The punishment of the court below sentenced by unreasonable sentencing (the imprisonment without prison labor for eight months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts. (1) At the time of this case, the victim passed the three-lane road from the vertical direction to the three-lane road, and the defendant entered the three-lane road from the vertical direction to the three-lane road. Such driving method cannot be viewed as a normal driving method, and it seems difficult for the victim to expect that the road will pass along the road from the left side of the proceeding direction to the three-lane road, and it would be difficult for the victim to expect that the road will pass along the opposite side of the road to the three-lane road. (2) The defendant did not make a statement to the effect that, when the investigative agency entered the three-lane road and the direction to the left side of the road, the victim's noise should not be seen as a three-lane road due to hearing any further three-lane road or three-lane road.