The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the instant accident was caused by the victim F's primary shock on the car of D driving, which was brought up to the roadway on the sidewalk, and the Defendant's driver's cab, who was proceeding with the instant vehicular road, was the second shock of the victim. Therefore, the Defendant was not at fault on duty.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of law by mistake.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. The reasoning of the judgment below is as follows, which is found by the evidence duly admitted and investigated by the court below, i.e., the D driver's vehicle : ① the victim F, who walked on the sidewalk while entering the Dong-dong Saemaul Treasury parking lot located in Busan Young-dong, Busan, for the purpose of entering the sidewalk into the Na-dong roadway, due to the first left side of the above vehicle, and became the victim's vehicular road; ② the defendant driving a taxi at a 20 to 30 km road per hour in front of the above accident place; ② the defendant moved from the Do-dong road of this case to the 20 to 30 km road per hour in front of the above accident place; ④ the driver's vehicle was moving from the 5-meter road to the right side of the Do-dong Saemaeul, and the driver's vehicle was moving into the Do-dong road to the right side of the Do-dong without the above Do-dong vehicle's driving speed.