The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts found a illegally parked vehicle in the vicinity of the intersection while driving a typ vehicle in the crosssection after passing through the intersection while passing through the intersection, and changed the course to the left-hand side. The accident of this case occurred at the wind that the victim, who was driving a typ vehicle after the end of the course, was negligent in performing the duty of front-way watching and the duty of securing safety distance, and caused the accident of this case to shock the Defendant’s vehicle.

Nevertheless, the judgment of the court below which convicted the defendant of the violation of the Road Traffic Act among the facts charged against the defendant on the premise that the accident of this case occurred due to the defendant's negligence is erroneous and has affected the

B. In consideration of the various circumstances on the Defendant’s point of unfair sentencing, the lower court’s punishment (fine 1,000,000) is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the driver of any motor vehicle in question of the allegation of mistake of facts shall not change the course when it is likely to obstruct the normal passage of another motor vehicle running in the direction to which the change is intended (Article 19(3) of the Road Traffic Act). According to the evidence duly admitted and examined by the lower court, the Defendant: (a) driving of a propon vehicle on the day of the instant case along the two-lane road near the Jindo road in the vicinity of the Jindo in the west-nam metropolitan office in the west-gu, west-gu, west-do; (b) was stopped for the traffic signal to the intersection; (c) the victim’s vehicle was in the traffic signal at one lane; and (d) the Defendant was driving a vehicle in which the direction signal, etc. is changed to a straight signal and entered the intersection along the two-lane crossing to avoid the illegal parking of the motor vehicle in the front direction; and (c) the Defendant directly conflict with the victim of the vehicle in question.