The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The accident of mistake of facts in this case caused the prior accident of the defendant.

It was caused by the negligence of the victim's excessive speed and neglecting his/her duty of care.

B. In light of the legal principles, the Defendant was aware that the instant accident was caused by the victim’s negligence, not by his own fault but by the victim; the victim was aware of the name of the taxi company and the vehicle number that the Defendant driven; the victim was in a situation where it is impossible to confirm who caused the accident due to the relationship of leaving the scene first; and the Defendant received the accident immediately after returning to the company.

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

2. Determination

A. As to the assertion of misunderstanding of facts, Article 64 of the Road Traffic Act provides for the provisions of the Act and subordinate statutes or police officers (excluding autonomous police officers) on the expressway or motorway.

(ii)where temporarily stops or parks in order to follow instructions or prevent danger (paragraph (a)), where a motor vehicle stops or parks at a place where a boundary is indicated for stopping or parking, or at a stopping place where a motor vehicle stops or parks (paragraph (b)), or where the edge of a road (including the sideway) due to breakdown or other inevitable reasons;

The driver of a motor vehicle shall not stop or park in the case of stopping or parking (except in the case of special circumstances such as subparagraph 3, and according to Article 66 of the Road Traffic Act and Article 40 of the Enforcement Rule of the Road Traffic Act, when the driver of a motor vehicle is unable to drive the motor vehicle on an expressway or motorway due to breakdown or other reasons, the "mark of a motor vehicle at a height" as prescribed by the Enforcement Rule of the Road Traffic Act shall be placed on the rear side of not less than 100 meters from the motor vehicle, and in particular, at night, the red signal light or flame signal capable of distinguishinging at a point 50 meters above the above sign at night.