The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty on the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) which constitutes a mutually competitive relation with the dismissal of a public prosecution for the violation of the Road Traffic Act among the facts charged in the instant case.

However, only the Defendant filed an appeal against the guilty portion of the judgment below, and the prosecutor did not file an appeal. As such, the dismissal part of the judgment of the court below is to be transferred to the trial in accordance with the indivisible principle of appeal, but the part was to be exempted from the object of attack and defense between the parties and was to be de facto exempted from the object of trial.

Therefore, the scope of the trial for the trial is limited to the guilty part of the judgment of the court below, and the dismissal part of the indictment is subject to the conclusion of the judgment of the court below, and it is not judged separately in the trial

2. Summary of grounds for appeal;

A. In fact, the instant traffic accident was not caused by the Defendant’s negligence, but caused by the victim’s neglect of the duty of care in the front direction.

B. The punishment of the lower court is too heavy.

3. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the Defendant was crossing a six-lane road by fasting the fingersle and crossinging it without permission. At the time of the occurrence of the instant traffic accident, the victim seems to have been driving normally at a limited speed, and the victim was at fault on the part of the victim.

In full view of the fact that there is no confirmed circumstance, the traffic accident of this case was caused by negligence by the defendant who allowed the unauthorized crossing.

It is reasonable to view it.

Therefore, the defendant's assertion of facts is without merit.

B. There is no change in the conditions of sentencing after the appeal regarding the unfair argument of sentencing, and the record is revealed, such as the details of the accident and the degree and degree of injury.