The defendant's appeal is dismissed.

1. The summary of the grounds of appeal is that the accident of this case was shocked by the victim D (hereinafter “victim”) by driving the Ebsz passenger car (hereinafter “the instant passenger car”) and by the negligence that occurred in the process of moving back to the bewing village prior to the bewing village, and the Defendant’s driver’s C1 ton of the cargo vehicle (hereinafter “the instant cargo vehicle”). The judgment of the court below which found the Defendant guilty of violating the Road Traffic Act among the facts charged of this case, even though there was no fault of the Defendant in the instant accident, there was an error of mistake of facts.

2. The following circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below, i.e., ① the victim, the driver of the vehicle in this case, from the investigative agency to the court below, was the traffic accident of this case. The vehicle in this case, when proceeding on the national road No. 26 before the Dobong-ri Village, and coming to the bewing Village, was moving back to the bewing Village in the direction of the bewing Village. However, the vehicle in this case, which was going to the front side of the vehicle in this case, consistently stated that the freight in this case, which was going to the front side of the vehicle in this case, has a high degree of shocking the back part of the vehicle in this case. ② The traffic accident in this case is likely to move to the right side of the vehicle in this case (the result of the traffic accident complaint and the comprehensive analysis of the Road Traffic Safety Authority) considering that the vehicle in this case was moving to the front side of the vehicle in this case, and it is presumed that the situation of the collision is likely to move to the right side of the vehicle in this case.