The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles 1) The instant accident was only caused by the negligence of BMW car and taxi driver, and the Defendant did not commit an occupational negligence, even if there was a negligence on the part of the Defendant.

Even if the defendant's act of changing the way to a two-lane constitutes an act of emergency evacuation to avoid collision with the BMW car and a large-scale accident caused thereby, illegality is dismissed.

B) The instant accident does not constitute “in the event of operating a vehicle in violation of signals displayed by signal apparatus under Article 5 of the Road Traffic Act or directions of safety signs indicating prohibition of traffic or temporary suspension under Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.”

2) The Defendant was in violation of the Automobile Management Act, not a passenger car transfer from G, but a car lease. B. Sentencing the lower court’s sentence which was unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly adopted and examined in the first instance court as to the assertion that there was no negligence in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), the Defendant’s assertion on this part is rejected, since the Defendant’s negligence in breach of duty of care can be acknowledged.

A) The tunnel section No. 1 in Southsan is two lanes, and the front lanes of each ticket No. 1 and No. 2 immediately before the entry into the tunnel are divided into one lane, and the front lanes of each ticket No. 3 and No. 4 are divided into two lanes (Evidence No. 13, No. 14 pages). The two lanes are divided into white solid lines (Evidence No. 13, No. 14 pages) between the first lane and the second lane (Evidence No. 13, No. 14 pages), and the two lanes of each tunnel No. 1 in South mountain, and the Defendant’s car is on board the victims.