The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The instant traffic accident occurred while a vehicle damaged by misunderstanding the legal principles carried out a U.S. intern under the U.S. code, but was off the U.S. permitted section for U.S.ton, and carried out a U.S. intern, and thus, the instant traffic accident is deemed an accident caused by the victim’s unilateral negligence. As long as the damaged vehicle exceeded the permissible section for U.S.ton and carried out a U.S. intern, the damaged vehicle cannot be deemed to be the “vehicle driven under the new name” and thus, the Defendant had a duty of care to prevent the accident by yielding the course to the damaged vehicle.

shall not be deemed to exist.

Therefore, the Defendant cannot be seen as having caused the instant traffic accident due to Defendant’s breach of duty of care, and the Defendant is acquitted.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court against the Defendant (an amount of KRW 400,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the lower judgment regarding the assertion of misapprehension of the legal doctrine, the instant traffic accident occurred due to the Defendant’s breach of duty of care

Therefore, we cannot accept the Defendant’s assertion of misapprehension of the legal principle.

1) When a driver of a vehicle makes a bypass, he/she has a duty of care to enter the road slowly along the right edge of the road, to live well in the traffic situation, and to first yield the course to the vehicle and prevent the accident in advance, if there is a vehicle driving under the new subparagraph.

However, the Defendant did not know that the damaged vehicle at the time of the instant traffic accident was making a U.S. U.S. U.S. U.S. U.S. U.S. U.S., and was making a right-hand of the traffic accident.