The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles, which caused the instant traffic accident in violation of the Defendant’s direction of temporary suspension safety signs

Although it cannot be seen, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination:

A. The Defendant also asserted the same as in the lower court’s assertion of misunderstanding of the facts and legal doctrine, but the lower court rejected the Defendant’s assertion on the following grounds: (a) in full view of the location of the suspended sign, the distance between the stop sign and the scene of the accident, the vehicle damaged due to the instant accident, etc., if the Defendant was temporarily fixed at the said place, the instant accident would not have occurred; (b) on the ground that the Defendant’s occupational negligence and the instant accident are recognized, the relationship between the instant accident and the Defendant’s occupational negligence.

In light of the evidence duly adopted and examined by the lower court, such as a survey report and field photo, and the relevance between the safety signs for temporary suspension of this case and the intersection, the accident site, and the final stop location after the collision, which can be known by the commission of the traffic accident assessment of the head of the traffic accident at the upper north-do branch of the Road Traffic Authority, the judgment of the lower court is fully acceptable.

In addition, as alleged by the defendant, the victim was negligent in the occurrence of the instant accident.

Even if the defendant's breach of duty of care cannot be denied as the cause of the traffic accident in this case, the defendant cannot be exempted from liability for the traffic accident (see Supreme Court Decision 2007Do1974, Jun. 28, 2007). Therefore, the defendant cannot be exempted from liability.