The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts (as to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents), the defendant can sufficiently recognize the fact that he caused the traffic accident of this case in violation of the signal, and even if the fact of the violation of family signal is not recognized, the victim at the time of the instant case had a duty of care to confirm whether he had access to the intersection by performing his duty of care, as long as he had been going through the intersection at a considerable distance after entering the intersection, so long as the victim had been in front of entering the intersection and left the intersection immediately before leaving the intersection, and if the defendant fulfilled such duty of care, he could sufficiently avoid the damaged vehicle. Thus, the defendant is found

The judgment of the court below which acquitted the Defendant of the facts charged in this case on the ground that the Defendant did not violate the signal or violated the duty of front-way and front-way watch, etc.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mistake of facts, the following facts are acknowledged. (A) At the time of the instant accident, the Defendant was driving a small-type vehicle into the Naba, making the instant intersection turn to the left from the direction of the front memorial hall, and the victim was driving a multi-use vehicle, driving a multi-use vehicle in the direction of why the instant intersection would be tamped toward the right direction.

B) At the time of the accident, the vehicle signal system of the instant intersection is ① 1: the left turn to the left in the direction of the front memorial hall in the direction of the dwarf direction and the tamp direction (63 seconds, the victim vehicle driving direction signal, ② the 2:00 p.m.: the left turn to the front direction in the direction of the dwarf in the direction of the dwarf direction.