The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant could not expect that the front vehicle would be able to set up the front vehicle in the tunnel in a high-speed rail road.

At the time, the defendant, who had continued the front line, had not been the next direction to avoid, but could not avoid the collision with the front line.

Therefore, the Defendant did not violate the duty of safety of drivers under Article 48(1) of the Road Traffic Act.

B. The sentence of the lower court that is unfair in sentencing (100,000 won) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the part of the allegation of the facts, since the front cargo vehicle stops while giving rise to an emergency, etc., it would have been able to avoid collisions with the damaged vehicle by stopping the front cargo vehicle or reducing the damaged vehicle if the Defendant, who was driving following the rear of the cargo vehicle, had fulfilled his/her duty of the front stop.

On November 17, 2016, the Defendant stopped at around 15:30 on the 15:30, Gangnam-gu, Cheongcheon-ro, Cheongcheon-do, through three-lanes in the direction of ICT, along the three-lanes in the direction of ICT. However, the freight vehicles, which had different two-lanes, occupy emergency lights, etc., while changing the two-lanes to three-lanes, stopped at a speed.

The defendant operated the cargo without lowering speed even though the cargo vehicle was in an emergency, etc., and the latter part of the cargo vehicle conflict with the front part of the defendant's vehicle.

According to the black image of the vehicle that the defendant was driving, the cargo vehicle was stopped while driving in an emergency, etc., but did not stop immediately.

At the time, another vehicle was stopped in the safety zone that was behind the accident site, and the front cargo vehicle stopped the vehicle in the form of three lanes on the right side of the tunnel.

B. The details and results of the instant crime, the circumstances after the crime, the Defendant’s age, and the Defendant’s sexual intercourse with respect to the illegal assertion of sentencing.