The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the facts constituting a crime of mistake of facts (Article 2014 Highest 2237 of the Criminal Procedure in the original judgment), Article 2014 Highest 2237(2) of the Criminal Procedure Act as stated in the lower judgment, G does not have any fact that the victim prevents the victim from driving the vehicle of the victim at the place as stated in the lower judgment, and there is no fact that the victim of

However, there is only the fact that the defendant has fledd the victim by blocking the difference of the defendant from the lane of the victim at the place of 2014 Highest 2237.1 of the decision of the court below.

Nevertheless, the court below found the defendant guilty of this part of the indictment. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, additional collection 100,000 won) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in light of the spirit of substantial direct examination adopted by the Criminal Procedure Act based on the relevant legal principles, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous or, in light of the content of the first instance judgment and the evidence duly examined by the first instance court, there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the credibility of a statement made by a witness of the first instance is clearly unfair, taking into account the first instance court’s results of the first instance examination and the evidence duly examined by the time the arguments of the appellate court are concluded until the closing of arguments in the appellate court, the appellate court shall not reverse the first instance judgment solely on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s determination (see Supreme Court Decisions 2006Do494098, Nov. 24, 2009