The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

, however, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The instant traffic accident by mistake of facts is one of the winds that affected the two-wheeled vehicles move at the right edge of the road, and make a left-hand turn at the right speed, and there is no violation of the duty of safe distance maintenance and no possibility of predictability or avoidance in the instant traffic accident.

Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment without prison labor, two years of suspended sentence, two years of probation, community service, 80 hours of probation, and 40 hours of an order to attend a compliance driving curriculum) is too unreasonable.

2. Determination

A. The following circumstances are revealed from the evidence legitimately adopted and examined by the court below as to the assertion of mistake of facts. ① Drivers of vehicles and riders of horses shall pass along the lane on the road along which the lane is marked (the main sentence of Article 14(2) of the Road Traffic Act). Since vehicles and riders of horses are passing first on the road along the lane at the time of the instant traffic accident, it seems that the Defendant’s driving of the two-wheeled vehicle is in breach of the duty of care to make the vehicle pass along the lane while trying to overtake the damaged two-wheeled vehicle. ② Even if the damaged two-wheeled vehicle is driving along the lane along the lane and there is a space for the Defendant to pass ahead, passing ahead on the same lane is in violation of the basic principle of allowing the passing along the lane. ③ The Defendant, following the damaged one vehicle and then under the Road Traffic Act, violates the speed and speed of the damaged one-wheeled vehicle and the safe one-way one-way one-way one-way one-way one-way one-way one-way one-way another vehicle.