All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts was driving normally at the designated speed while complying with the designated speed, but the victim was able to cross without permission at night with clothes of the color color, and the accident of this case occurred, and thus there was no negligence on the Defendant. Nevertheless, the lower court convicted the Defendant. Nevertheless, the lower court erred by misapprehending the facts, and the lower court’s sentence on the Defendant of unfair sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible.

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that the instant accident was caused by the Defendant’s breach of duty of care as the driver.

According to the records, it is recognized that the victim was red and a vehicle signal, etc. which is green, and the fact that the victim was blind without permission by making a cell phone call without considering the surrounding condition is recognized.

However, considering the following circumstances acknowledged by the evidence duly examined by the lower court in light of the circumstances revealed by the lower court, i.e., ① the victim’s scambling video of the Defendant’s vehicle, but it appears that it would have been possible to identify that the Defendant’s vehicle was a pedestrian crossing without permission from the time when the Defendant entered the intersection, and ② the Defendant’s vehicle appears to have been at the time of entering the intersection from the time when the Defendant was aware of the victim from the time when the Defendant’s vehicle was exposed to shock until the shock of the victim, it can be sufficiently recognized that the Defendant was negligent in the occurrence of the instant accident.

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

The defense counsel shall appear on the date.