A. The Defendant had no intention to damage the victim’s vehicle since the victim stops the vehicle in the thought that the victim continues to lick the light. As such, there was no intention to damage the victim’s vehicle.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

B. The lower court’s sentence of an unreasonable sentencing (two million won of fine) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the court below found the following circumstances acknowledged by the record of this case: (i) while the defendant was driving and driving slowly, the victim stopped at a speed of about 35 km; (ii) the road that the defendant was driving at the time of this case is a two-lane road; (iii) the two-lane road was stopped in front of the defendant; and (iv) there was no obstacle in front of the vehicle; and (iii) the two-lane road at the time of this case had a space sufficient to stop the vehicle; (iv) the two-lane road at the time of this case, in addition to the above facts, it is very unusual that the defendant stopped without any obstacle immediately after the passage, and thus, it is difficult for the victim to change the vehicle's speed to a two-lane road and make it difficult for the victim to easily stop the vehicle due to a sudden change of the vehicle.