The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In order to verify the situation of a climatic driving, the Defendant merely stops the Defendant’s driving vehicle for the purpose of stopping the damaged vehicle and did not intend to damage the damaged vehicle.

B. The sentence (one million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Determination

A. The following facts and circumstances can be acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts. ① The victim, prior to the instant drilling accident, stopped the Defendant’s vehicle without rhythm on the right lane and obstructed the victim’s right-setting, did not turn the direction, etc. on the right-hand line, and started the Defendant’s vehicle first on the right-hand vehicle while entering or leaving the right-hand line. ② After the two vehicles stopped in the signal signal, the Defendant’s female-friendly vehicle and the damaged vehicle who was on the Defendant’s vehicle were tryed to have a conflict between the two vehicles, and ③ the Defendant started the damaged vehicle due to the signal change, and the victim tried to move the damaged vehicle to another two lanes, and then interfered with the victim’s right-hand vehicle and the damaged vehicle by driving the vehicle again over the second two lanes.