The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The instant accident is not caused by the fault of the Defendant, but caused by a sudden change in the vehicle line and a sudden stop of the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment without prison labor, two years of suspended execution) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the mistake of facts among the grounds for appeal.

As to this, the court below rejected the defendant's above assertion by admitting the guilty guilty of the facts charged in this case by compiling the evidence as stated in its judgment.

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s aforementioned determination is deemed justifiable, and there was no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) The victim appeared as a witness in the lower court, and confirmed that the victim secured a sufficient distance from the Defendant’s vehicle on the two-lanes through a slurler to enter the two-lanes from the first one lane, and immediately thereafter, the victim slurged the front vehicle of the victim’s vehicle into the two-lanes by plucking and digging up the hand on the right right side, and entered the two-lanes, and the Hand was well aware of the head in the state of stop in which the flurged stop.

was stated.

In addition, according to the statement of the victim, the victim confirmed that the low-priced vehicle stopped after entering the next top, and that it was possible to open a window on the left side of the driver's seat and check the clicker (No. 53 pages 2 of the record of trial). At the time of the case, D, the driver of the vehicle directly shocked by the defendant at the time of the case, is also the driver of the vehicle.