The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles as to the instant accident occurred when the victim got a bicycle or cross-road without permission at night on the day of coming, and the Defendant did not have a duty of care to operate a motor vehicle, but the lower court convicted the Defendant of the instant charge. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the following circumstances, which are acknowledged by the court below as a whole by taking into account the evidence legitimately adopted and examined by the court below as to the assertion of misunderstanding of legal principles: ① the vehicle of the defendant 4-5 seconds prior to the occurrence of the instant accident was in front of the first front line where the vehicle of the defendant 4-5 seconds ahead of the occurrence of the instant accident was driven, and around that time, the defendant, even though other vehicles driven along the two lanes prior to the defendant's vehicle, discovered the victim and followed the brac, did not find the victim, was driving the instant vehicle without any particular shock before the shock, and caused the instant accident; ② the accident was at night at the time of the instant accident, and there was a little slope and speed of the accident, and thus, the driver of the vehicle was at the time of the accident, and the defendant did not have been suffering from the disease prior to the accident while driving the vehicle more closely, but did not seem to have been suffering from the disease prior to the accident at the time of the accident.