The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the instant traffic accident occurred solely due to the victim’s occupational negligence, and the Defendant has no occupational negligence.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by the lower court, the lower court acknowledged the fact that the Defendant, as stated in the facts constituting the crime of the lower judgment, committed an act of neglecting the duty of care and thereby causing injury to the victim by taking advantage of the victim’s rocketing car (hereinafter “victim’s car”) and damaged the victim’s car.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

① Since the Defendant’s MF5 car (hereinafter “Defendant’s car”) had been seeking to enter the road from the sidewalk to the road, there was a duty of care to enter the said road by taking into account the traffic situation of the said road.

② The Defendant stated in the investigative agency and this court that “On the other hand, the direction, etc. before entering the road from the sidewalk to the road was 10-15 meters away from the Defendant’s car, and entered the road.”

However, according to on-site photographs (Evidence No. 13 pages), since there is a conflict with the victim's car before the victim's car enters the road completely, the defendant eventually decided that the victim's car should not be completely allowed to enter the road before the victim's car entered the road, and it seems that the defendant entered the road above.

③ The Defendant asserted that the victim was driving while leaving the cellular phone, but there is no evidence to acknowledge it. Even if the Defendant’s assertion is true, the instant traffic accident occurred solely by the fault of the victim, as long as the Defendant entered the road from the sidewalk to the road, and did not properly consider the traffic situation of the road.

at any fault on the part of the defendant.