The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

A. Error of mistake and misunderstanding of legal principles 1) The Defendant was driven by B Launta vehicle (hereinafter “Defendant Vehicle”).

) The Ethball vehicle that the victim driven (hereinafter referred to as “victim vehicle”) shall be the victim’s vehicle.

)의 같은 차로(4차로) 바로 앞에서 운행하는 중이었고, 차로를 5차로로 변경하기 위하여 신호지시등을 켠 상태였으므로, 피고인 차량의 뒤에 있었던 피해자 차량은 피고인 차량이 차로를 변경할 것을 충분히 예상할 수 있었다. 그럼에도, 피해자 차량이 무리하게 차로를 5차로로 변경하는 바람에 이 사건 사고가 발생하였으므로, 위 사고는 피해자의 주의의무위반에 의해 발생한 것으로 보아야 한다. 2) 피해자가 입은 상해는 자연적으로 시간이 경과하면 치유가 가능한 것으로 형법상 상해로 평가하기 어렵다.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the allegation of mistake of facts and misapprehension of legal principles, at the time of the instant accident, the Defendant’s vehicle was driven in front of the victim’s vehicle at the time of the instant accident, and the victim’s vehicle changed the course to five lanes earlier than the Defendant’s vehicle, and the Defendant’s vehicle also changed to five lanes at the time of the completion of entry into the said vehicle into the same five-lanes, and the vehicle shocked the center part of the victim’s seat toward the center of the victim’s seat. According to the above facts of recognition, the victim’s vehicle has already entered the five-lane (as alleged by the Defendant, even if part of the vehicle remains in the four-lane), it is determined that the above vehicle has completed entry into the five-lane area.

The defendant's vehicle has a duty of care to prevent accidents by changing course in a way that does not obstruct the passage of the above vehicle.

On the other hand, it is advanced.