The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In light of the legal principles, the defendant's act constitutes an emergency evacuation as provided by Article 22(1) of the Criminal Act, since the defendant's act is driving a vehicle at a distance of 2 meters on the side with the wind that the substitute driver can set up the vehicle on the side.

B. The lower court’s sentence of unreasonable sentencing (the fine of five million won, the suspended sentence of two years) is too unreasonable.

2. Determination

A. The Defendant asserted that the lower court had the same purport as in the trial.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the legal principles as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing indicated in the instant argument and records on the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.