Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

A. The date and time stated in paragraph (1) of the facts charged by the Defendant and the date and time taken by the Defendant in the place shall not constitute an accident which occurred during driving under the Road Traffic Act.

B. In fact-finding, the Defendant did not have any shocked with the victim as stated in paragraph (1) of the facts charged, and therefore did not cause any injury to the victim.

C. The lower court’s sentence of unreasonable sentencing (fine 15 million won) is too unreasonable.

2. Determination

A. Regarding the assertion of legal principles, Article 2 subparag. 19 of the Road Traffic Act provides that the term "driving" means using a vehicle on the road according to its original use. Since the concept of driving as referred to in this context includes a subjective element in light of the substance of the provision, it is not a driving in the case where a vehicle is driven without an intentional act or a person's intent or involvement. Therefore, a person goes through the starting of a motor for other purposes without any intention to drive the vehicle. Therefore, the judgment of the court below is just and acceptable without any justifiable fault between the case where the defendant, while driving the vehicle from the beginning, failed to perform his/her duty of care (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004).