The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The instant accident was caused by the victims without permission at night, and thus, the Defendant did not constitute a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to the absence of negligence.

B. Improper guilty of sentencing

Even if the court below's punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances admitted by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the victims who neglected the signal and illegally crossed are not at least gross negligence.

Even if the accident of this case is related to the accident of this case, it cannot be said that the defendant was negligent in failing to perform his/her duty of care to safely examine the left and right well.

Defendant’s assertion is without merit.

1) At the time of the instant accident, the Defendant, as an acting driver, took the customer to the destination at the time of the instant accident, and had the employee M of the same acting driver company, who was the Defendant, on behalf of the head of the Defendant’s vehicle and returned to the office of the acting driver company.

2) The road in which the instant accident occurred is the downway from the direction of the Defendant’s vehicle to the point of the instant accident. The instant accident is almost straight lines to the point of the instant accident, and thereafter the road is the right be bended. Since the road is installed near the crosswalk in the intersection, there was no structural obstacle to ensure the Defendant’s view at the front of the road.

3) Although the instant road is a general road, a pents that distinguish the vehicular road and the sidewalk from the right side of the road are installed, in the vicinity of the instant accident site, pedestrians are not installed with a certain section of the road for the passage of pedestrians using the crosswalks as the relation with the crosswalks are installed, and pedestrians do not have a pents even in the pedestrian island on the left side of the road.