The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant attempted to proceed to the exit of the Incheon Airport area after the passage of the area of the Sungsan Airport from which the vehicle was cut. After the passage of the Sungsan Airport area, vehicles to enter the airport area into the Incheon Airport area were reduced to three lanes.

Therefore, the Defendant, without any choice to enter the three-lanes prior to the arrival of the prohibited section, has driven a vehicle at the time and place stated in the facts constituting the crime in the judgment below, and does not have to do so in the road traffic law.

B. The punishment sentenced by the lower court (200,000 won) is excessively unreasonable.

2. Determination

A. According to Articles 23 and 22(2)3 of the Road Traffic Act regarding the assertion of mistake of facts, all drivers of vehicles shall not change in the future that stops or stops in order to prevent danger.

The purpose of this is to prevent accidents with vehicles that stop or carry on by cutting, and at the same time to prevent the smooth traffic interference by vehicles that fall or stop in order to attempt to cut.

Comprehensively taking into account the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, the act of the defendant was obstructed by the smooth traffic of the two-lanes and caused the risk of accidents with the vehicle running in the three-lanes:

As such, it is reasonable to deem that this falls under the prohibition of the Road Traffic Act.

Therefore, we cannot accept this part of the defendant's assertion.

① A vehicle driven by the Defendant was stopped on a three-lane and remains approximately about 27 seconds in order to leave the two-lanes (from 09:06 to 09:06:43, Jun. 16, 200). This is the vehicle driven by the Defendant on a three-lane basis.