The defendant's appeal is dismissed.

1. The gist of the grounds for appeal lies in the fact that the Defendant driven a car as indicated in the judgment of the court below (hereinafter “Defendant’s vehicle”) and shocked the victim (hereinafter “instant accident”). However, the causal relationship between the instant accident and the death of the victim is not acknowledged, since the victim could have died due to the previous vehicle operated by the location of the instant accident prior to the Defendant’s vehicle.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

2. Determination

A. Before the Defendant’s vehicle passes through the point of the instant accident, some front vehicles (in particular, each front vehicle that passed the point of the instant accident from the time when the Defendant vehicle passes through the point of the instant accident) in the same direction as the Defendant’s vehicle, and the head of each front vehicle that passed the point of the instant accident, i.e., about nine and nine and nine minutes before the point of the instant accident, ought to be seen as somewhat between the two sides.

B. However, in full view of the following circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence, the said preceding vehicle was shocked by the victim before the Defendant’s vehicle passes through the point of the instant accident.

Since it cannot be deemed that the Defendant’s vehicle was in a calendar or overwork, and the fact that the Defendant’s vehicle was dead with the victim’s fault is recognized, the Defendant’s assertion is rejected on a different premise.

1. Most of the preceding vehicles have not been observed at all at the time of passing through the point where the instant accident occurred, and in the case of the preceding vehicle, the movement of the headlight was observed, passing through the point where the instant accident occurred in the state of maintaining the horizontal plane after the headlight first to the lower end. Such change in the angle of the headlight lights is deemed to have occurred by flying any object.