The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. The instant accident of mistake of facts and misunderstanding of legal principles is a subordinate work with the Defendant at the victim’s request at night during holidays.

As a result of neglecting the duty of care of the victim, there is no occupational negligence in the defendant. Even if the defendant's occupational negligence is recognized, the negligence of the victim is greater than the defendant, so there is no proximate causal relation between the defendant's negligence and the accident

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the victim was requested to transport the cargo of this case from the former North Korean War to E Co., Ltd. (hereinafter “E”), after loading the cargo of this case in favor of the cargo of this case, after having arrived at E, requested the defendant to do the cargo of this case, and he was working outside the working group, and the defendant was requesting the victim to help the cargo of this case. The defendant was allowed to move the empty glass, and the victim was allowed to move the cargo of this case, and the victim was allowed to enter the cargo of this case, so that the defendant would have been able to get the cargo of this case, and the defendant was able to get the cargo of this case from the cargo of this case. In light of the fact that the defendant did not have the driver's license, but had the driver's license to drive the cargo of this case, the defendant was deprived of the victim's body of the cargo of this case, without being aware of other facts.