The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts and misunderstanding of legal principles, the Defendant was unable to find in advance the victim who illegally crosses the beam without receiving clothes due to poor sights due to the light of a letter of headlights that is suitable for the night eye.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles on the ground that the defendant was negligent in failing to perform his duty of care.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment without prison labor, two years of suspended execution, and eight hours of social service) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

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