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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) was inevitable to avoid a collision with the other vehicle in the opposite lane, and only attempted to enter the original lane in order to avoid a collision with the other vehicle; and (b) did not threaten the victim with the vehicle, which is a dangerous object.
Nevertheless, the court below erred by misunderstanding the fact that the court below found the defendant guilty.
B. The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, in particular, the screen image of the victim vehicle, etc.: ① The fact that the vehicle driven by the victim while driving a two-lane vehicle in the front of the victim is at a reduced speed while overtaking the victim vehicle in the front of the victim vehicle; ② the vehicle of the victim in the front of the vehicle in the victim in the front of the vehicle in the front of the victim; ② the vehicle of the victim in the front of the vehicle in the front of the center in the vehicle in the front of the center, and ② the vehicle of the victim in the front of the vehicle in the vehicle in the front of the center in the vehicle in the right side; ③ the vehicle of the victim in the front of the vehicle in the vehicle in the vehicle
In addition to the above facts acknowledged by the court below, the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① if the victim vehicle needs to change the vehicle line in order to prevent the collision by reducing the speed of the victim's own car as alleged by the defendant, it is sufficient distance from the vehicle running the two lanes at the time, so it seems that the defendant vehicle could have sufficiently avoided the collision by moving the vehicle to the two lanes at a speed, and ② even if it is difficult to change the vehicle line to the two lanes due to the vehicle on the two lanes as alleged by the defendant, it is difficult to change the two lanes due to the vehicle on the two lanes as alleged by the defendant.
even if any, the victim.