The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s assertion of mistake of fact was impossible to detect and avoid collision. Even if the Defendant was negligent, the victim had already been in the first accident, and even if there was no causal relationship between the victim’s death and the Defendant’s fault, the lower court erred by misapprehending the fact, thereby finding the Defendant guilty.

B. The court below's decision on the grounds of unfair sentencing is too unreasonable to impose a fine of 4 million won on the defendant.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① At the time of the accident, the victim was sleeped with clothes, and the victim was sleeped.

Even if Defendant 2 stops the vehicle on the road, if Defendant 2 was able to stop or avoid the vehicle before leaving the vehicle. ② After the first accident, Defendant 2 stops the vehicle on the second vehicle, and the driver of the surrounding vehicle stops the vehicle on the first vehicle and the first vehicle was under the control of the vehicle under the receipt. After the victim stops the vehicle, Defendant 2 was absent the vehicle from the vehicle with the first vehicle in the first vehicle in the second vehicle, and the first vehicle in the second vehicle. However, Defendant 3 following the arrival of the vehicle. According to the autopsy appraisal report by the National Scientific Research Institute, it is difficult to distinguish the victim from the second vehicle in the second vehicle and the second vehicle in the middle.