The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal: The punishment of the lower court (six months of imprisonment) is too unreasonable;

Prosecutor: The sentence of the court below is too uneased and unreasonable.

2. Ex officio determination

A. A summary of the charge of violation of the Road Traffic Act due to the destruction and damage of fruits among the charges is a person engaging in driving a BNAS car.

On September 29, 2018, the Defendant driven the above car on September 15:26, 2018, and continued to drive 9 km from the North Cheongdo-dong, Cheongdo-dong, to drive the 2nd line from the North Cheongdo-gu, Cheongdo-dong, to the North Cheongdo-gu, North Cheongdo-do.

Since this is an expressway bended to the right side, the driver of the motor vehicle has a duty of care to take care of the front line and to prevent accidents in advance by accurately manipulating the steering direction and brakes of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with it without reducing the speed on a bend road, and was negligent in driving the victim C's right-hand part of the victim C's Di 40 car running along the first line of the said road.

The Defendant, by these occupational negligence, destroyed the car i40, which is the victim C, to cover approximately KRW 3,377,835,00 in total of repair costs, such as the cost of leaving a Hdelight.

B. This part of the facts charged is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. It is acknowledged that the victim C expressed his/her intent not to prosecute the defendant by mutual consent on June 4, 2019, which is the date of indictment. This constitutes a case where the victim’s express intention to prosecute cannot be prosecuted against the victim’s express intention.

Therefore, the court below's decision Article 327 subparagraph 6 of the Criminal Procedure Act.