The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. At the time of the accident, the Defendant did not neglect his/her duty of care, such as complying with the speed limit, and the victim could not avoid the accident on the wind that he/she crosss without permission.

In the analysis of traffic accident, considering the fact that there is no objective basis for measuring the distance, there is an error or error in the CCTV image, a possibility of distortion due to emeration, light, and there is no objective basis for measuring the distance, the defendant was forced by the above analysis document.

The lower court that determined the Plaintiff was unlawful.

B. The sentence of the lower court (six months of imprisonment without prison labor, one year of suspended execution) is too unreasonable.

2. Determination

A. In the trial of the ex officio decision party, the prosecutor applied for the amendment of the indictment to the phrase “at the speed of 109 km/h in the city,” among the facts charged, that “at the speed of 108 km/h in the city, was proceeded at the speed of 108 km/h in the city,” and the judgment of the court below cannot be maintained as it was, since the subject of the adjudication was changed by this court’s permission

Nevertheless, the grounds for appeal against the mistake of facts or misunderstanding of legal principles by the defendant are still subject to the judgment by the court, and are examined below.

B. The only objective image with respect to the instant traffic accident is CCTV images located in the neighboring hotel building.

The Road Traffic Authority, upon receipt of a request from an investigative agency for the speed analysis of Defendant’s vehicle, shall set the location of the Defendant’s vehicle to be observed in the above CCTV images at the site on the basis of the difference between two points, measure the two points at a distance of 17 meters, and measure CCTV images at a distance of 17 meters per second, and if the distance is divided by 17 centimeters until the above two points are moved, the speed of the vehicle immediately preceding the accident is about 109km/h, but not about 109km/h [17m x 17m x 17m x 17m)].

The method of calculating the above speed will lead to an error in the distance of movement when moving the location of the vehicle indicated in CCTV images to the road actually.