The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of an accident of mistake of facts, the victim was unsatisfying, and was a new wall time, and the victim could not easily find the victim due to the victim's satisfying clothes.

In particular, it was impossible to find out the victim by leaving the left or left turn prior to the defendant.

Even if the defendant was a sudden dynamic, the conflict with the victim could not be avoided due to the limit of the dynamic distance.

Even if the Defendant fulfilled his duty of care, it cannot be said that there was negligence on the part of the Defendant, since he could not avoid the instant traffic accident.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances known by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court deemed that the Defendant was negligent.

Therefore, it is difficult to accept the defendant's argument.

① The Defendant driven a drinking beverage while driving it.

Defendant

He voluntarily stated to the police that 1 to 2 of beer, 3 to 4 of beer, and satise.

Although the blood alcohol concentration inferred through the Badmark formula does not exceed the punishment standard level, it is not likely that the Defendant’s ability to pay attention has been diminished due to drinking, even though drinking is sleep for two hours after drinking.

② The Defendant asserts that at night, the victim could not avoid an accident because he could not see at all the victim who was slick clothes on the left-hand vehicle.

However, the defendant's assertion that when considering the location of the vehicle in front of the vehicle in front of the vehicle in front of the defendant and the difference between the time and the location of the vehicle in front of the vehicle in front of the defendant, the victim could not be seen at all is difficult to accept.

B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, also determines sentencing.