The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, even though the defendant did not violate the duty of care due to the fact that he did not drive the motor boat of this case under excessive speed at the time of operation of the motor boat of this case, the motor boat of this case was faced with the wind of the defendant, and the motor boat of this case was faced with the wind of the motor boat of this case, and the defendant did not have been immediately dismissed from the beginning. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The accident of this case by misapprehending the legal principles was caused by plucking or breaking the hand of a motor boat to port in order to avoid a collision with the Tki in the direction of the motor boat driving, and this constitutes an emergency evacuation under Article 22 of the Criminal Act, and thus, the court below convicted the Defendant of the charges of this case. The court below erred by misapprehending the legal principles on emergency evacuation, which affected the conclusion of the judgment.

C. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine of eight million won) is too unreasonable.

2. Determination

A. 1) The lower court acknowledged the following facts based on the evidence in its judgment. (A) The Defendant: (a) sent a motor boat to the victims and Haju, who were members of the Eastmunmun Assembly, known to the general meeting on the day of the instant case, and moved to the impulse with the victims; (b) passengers, including the first victim C and E, posted the first seat to the next left after the second stop; but (c) the Defendant was unable to operate a motor boat because it was difficult for the Defendant to operate the motor boat due to the weight to cause the motor boat. Accordingly, the Defendant was seated at the first seat immediately after the male victim C, E, the first seat after the driver’s seat, and the second seat, G, and H, the second seat at the seat of the victim F and D.