The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Reasons for appeal;

A. In light of the various circumstances at the time of the instant accident, there was no negligence on the Defendant’s occurrence of the instant accident, in light of the following: (a) there was an accident in which the Defendant, while driving a car and driving a bus, caused the damage to the victim who driven the bus; (b) however, the bus was located on the two-lane road of the said bus; and (c) it was impossible to expect the passenger to get off the bus on the bus stopping on the two-lane road; and (d) there was no negligence on the instant accident.

B. As a result, the victim was suffering from a pulmonary disease, which led to the death of the victim, there is no relationship between the instant accident and the death of the victim.

B. The punishment sentenced by the lower court (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law-abiding driving lecture 40 hours) is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the court below’s duly admitted and examined evidence as to the Defendant’s assertion that there was no negligence among the misapprehension of the legal principles, the Defendant could not anticipate the occurrence of the instant accident even if the Defendant fulfilled his duty of care, or there was no possibility to avoid the instant accident.

It is difficult to recognize it.

Therefore, since the defendant's negligence on the occurrence of the accident of this case is recognized, the defendant's assertion of misunderstanding the above legal principles is not accepted.

① The location of the instant accident occurred was immediately adjacent to the bus stop.

A driver of a vehicle driving along a bus stops shall drive the vehicle, in particular, with the mind that the bus may be unloaded by passengers in the bus if the bus is in the vicinity as in this case.

② The victim is not faced with the Defendant’s vehicle in bus, but faced with the Defendant’s vehicle by getting about 3 developing countries. The victim was faced with the Defendant’s vehicle.

If the damaged person is faced with the defendant's vehicle between the time when the injured person gets off the bus, the defendant is the person who caused the damage.