The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. In fact, as a misunderstanding of the legal principles, most of the four-lane roads were set up by the Defendant’s act, and in particular, the buses, which operated an exclusive bus, stopped on the one hand without operating the bus, resulting in a serious obstacle to traffic.

Even in the case of buses, it is possible to pass through roads other than exclusive lanes for buses.

Even if the defendant is actually unable to use a bus-only lane, the passage has become considerably difficult.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, the Prosecutor's appeal was conducted at the appellate court, while maintaining the general traffic obstruction in the facts charged in the instant case, adding the same contents as stated in the column of "criminal facts" for the reason of "the judgment again used" as the ancillary facts charged, and adding "violation of Road Traffic Act" to "the ancillary crime" under Article 157 subparag. 4 and Article 68 subparag. 3 subparag. 2 of the Road Traffic Act, and the preliminary application of the law, which read "Article 157 subparag. 4 and Article 68 subparag. 3 subparag. 2 of the Road Traffic Act", the judgment of the court below cannot be maintained.

However, notwithstanding the above reasons for ex officio reversal, the prosecutor's mistake and misapprehension of the legal principles as to the primary facts charged still are subject to the judgment of this court, and the following are examined.

B. The summary of the facts charged and the misapprehension of legal principles as to the primary charges is as follows: (a) the Defendant, from around 22:00 on June 8, 2016 to around 22:40 on the roads from the south of Seocho-gu Seoul, Seocho-gu 2585, going back to and from the Gangnam-ro 2585, on the roads from the south-gu, Seocho-gu, Seoul.