All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In the instant charges of mistake of facts, Defendant 1 was unable to perform his duty of care due to the Defendant’s conduct of ordinary driving, or was caused by the other party’s negligence, and the Defendant did not intentionally cause the said traffic accident. Nevertheless, the lower court found Defendant guilty of the instant charges. Nevertheless, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the sentence imposed by the lower court of unfair sentencing (ten months of imprisonment) is too unreasonable.

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

2. Determination

A. In full view of the following circumstances recognized by the court below based on the evidence duly admitted and investigated by the defendant's assertion of mistake of facts, since the defendant's intent to acquire insurance money can be sufficiently recognized that the defendant intentionally caused a traffic accident, the court below's decision of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

① Many traffic accidents may occur to the accused, who do not engage in driving business within a short time as stated in the facts charged in the instant case.

② When calculating the rate of negligence of a driver in an accident occurring in the course of changing a lane, the insurance company has a lot of cases where the negligence of the driver of the vehicle who changed the lane is considered to be larger than the negligence of the driver of the vehicle who continued to drive along the lane. The instant traffic accidents occurred at the time when the damaged vehicles change their lanes.

(3) In cases where an accident occurs to a high-priced external motor vehicle or a privately-built external motor vehicle, the insurance company shall have the repair cost and the siren for the same kind of motor vehicle.