The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is an excessive act or act of changing course as stated in the facts charged of this case, but this does not constitute a dyscopic driving as prescribed by the Road Traffic Act because it is not likely to cause harm to others or cause danger to traffic.

2. The driver of a motor vehicle, etc. who is a summary of the facts charged shall accurately operate steering gear, brakes and other devices, shall not drive the motor vehicle at a speed or in a manner that inflicts any danger or impediment to other persons, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and shall not drive the motor vehicle, etc., in violation of signal or direction, median of the central line, maintenance of safety distance, violation of prohibition of changing course, or violation of prohibition of rapid brakes, threaten or endanger other persons, or cause any danger or injury to traffic continuously or repeatedly;

Nevertheless, on May 26, 2018, from around 08:18 to 08:25, the Defendant driven a B-learning car and proceeded at a point from 23 km to 36 km in Seoul in the direction of the border road, and continued to commit a speed violation exceeding 100km in the speed limit, while overtaking another vehicle, and without securing the safety distance, caused danger to traffic by such means as accelerating other vehicles at a speed or changing course.

As a result, the Defendant repeatedly committed an act of speed violation, etc., thereby causing harm to others or causing danger to traffic.

3. The lower court determined that the Defendant’s act constituted “an act of causing danger to traffic” as provided in Article 46-3 of the Road Traffic Act by comprehensively taking account of the Defendant’s partial statement and sckless video materials, and thereby convicted the Defendant of the instant charges.

4. Determination of the immediate deliberation