A. The Defendant alleged a misunderstanding of facts against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (in the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of a violation of the Act)

Since an accident occurred, there is no occupational negligence, and injury suffered by victims is extremely minor and thus cannot be viewed as an injury under the Criminal Act, so the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is not established.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.

B. The instant traffic accident, claiming a misunderstanding of facts as to the violation of the Road Traffic Act (ex post facto action), did not cause any danger and impediment to traffic, and thus, did not require measures under Article 54(1) of the Road Traffic Act. The Defendant did not recognize that the vehicle of the Fniboo that was immediately subsequent to the Defendant was shocked to avoid collision with the Defendant’s vehicle, and did not recognize that the vehicle of the Flubooki was shocked subsequent to the former. Therefore, the crime of violation of the Road Traffic Act (after-accident) is not established

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous in misconception of facts.

C. The sentence imposed by the lower court on the assertion of unfair sentencing (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of attending the compliance driving course) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case, around July 1, 2018, the Defendant driving a BM6 car and driving the BM6 car in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and driving the two-lane road in the front direction of D, along the two-lane roads in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-do, in the vicinity of the mountain park, along the two-lanes of the E room in the direction of the E room, led back to the reverse direction.

In such cases, the driver of a motor vehicle has a duty of care to properly see the front and rear left and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, there is a need to do so.