The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

A fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. The defendant did not conflict between the defendant's vehicle in mistake of facts and the victim's error, and the victim was in excess of the victim's own discretion.

Even if there was a conflict with the wheels of the defendant's vehicle, the defendant did not have the awareness of the accident, so there is no criminal intent of escape.

The victim did not have any injury that requires relief measures.

Since the accident does not interfere with the operation of other vehicles after the accident, it is not necessary to take measures after the accident.

B. The punishment imposed by the court below on the grounds of unreasonable sentencing (5 million won of a fine) is heavy.

2. Determination

A. In the facts charged at the trial, the ex officio determination prosecutor changed the part of the indictment that “the victim was driven by the victim, who was driven by the two lanes from the two lanes to the three lanes, with the front wheels of the Defendant’s vehicle right side and got the victim go beyond the ground” to “the victim, who had the right side of the Defendant’s vehicle changed by the mistake of changing the two lanes to the other three lanes, without turning the direction direction from the two lanes to the three lanes, making the victim, who was driving the Defendant’s vehicle, play on the right side of the Defendant’s vehicle, thereby going beyond the ground.”

The judgment of the court below shall no longer be maintained as the object of the trial is changed due to changes in indictment.

B. As to whether there exists a conflict of judgment on the assertion of mistake of facts and whether the Defendant vehicle conflict with the victim's ozone part, the prosecutor modified the indictment as seen earlier, and thus, it is not subject to adjudication.

다만, 피고인 차량이 피해자 원동기장치자전거를 충돌하였는지는 명백하지 않으나 CCTV 사고 영상에는 피고인 차량이 우측 깜빡이를 켜지 않고 2차로에서 3차로로 방향을 전환하여 진행하는 순간 3차로를 따라 달려오던 피해자의 오토바이와 영상에서 겹쳐지며 오토바이가 넘어지는 장면을 볼 수 있다.

The victim shall enter the three lanes of the defendant vehicle.