All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the accident of this case occurred when the victim, while the defendant was driving a cargo vehicle and was normally driving in one lane among three lanes, was causing the accident of this case. At the time, the accident of this case is an inevitable accident since the accident of this case was a new wall coming from rain, and it was not easy for the defendant to walk in the front. The accident of this case was an inevitable accident because the defendant could not expect the pedestrian to cross the vehicle after the vehicle stops in the signal atmosphere and stops in the signal atmosphere without permission.

Therefore, there is no occupational negligence on the occurrence of the accident of this case.

2) The sentence sentenced by the lower court to the Defendant (two years of suspended execution in October, community service order, 80 hours in community service order, 40 hours in attendance order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the lower court on the Defendant’s assertion of mistake of facts, ① the point at which the instant accident occurred is located without the center separation, and both of the instant bus stops on the road, and thus, it appears that the driver was in need of driving with due care to cross-road traffic without the driver’s permission. ② At the time of the instant accident, the instant accident was a new wall and a rained, but it was not a new wall to the extent that the view was not secured, ③ the Defendant was in a situation in which the victim could not avoid the accident due to the victim’s own and his own seat after the vehicle stops in the atmosphere facing the Defendant’s direction at the time.

However, it is difficult to recognize the above circumstances in light of the black image photograph of the urban bus that was going behind the truck of the defendant's driver, and the defendant is not found in the investigative agency about the reasons why the victim was not discovered by the investigative agency, and the victim is the examination system.