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The defendant's appeal is dismissed.
The Defendant shall pay 2,290,000 won to the applicant for damages.
Reasons
1. Summary of grounds for appeal;
A. In other words, the Defendant, by misapprehending the legal principles as to mistake of facts or mistake of facts, did not intentionally cause an accident for the purpose of retaliation, as stated in the facts charged in the instant case, when he tried to overtake the victim's ozone and re-enters into the two lanes, again stopped in order to avoid obstacles occurring on the front side, but the victim was not able to avoid the scambling driving, and instead did not intentionally cause an accident, as indicated in the instant facts charged.
However, the court below erred by misapprehending the legal principles or misconceptions of facts.
B. The sentence of the lower court (one year of imprisonment, two years of suspended execution) against the unfair defendant in sentencing is excessively unreasonable.
2. Judgment on the grounds for appeal by the defendant
A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal, and the lower court, according to ① according to the witness E’s statement, image, etc. taken by the witness E, the lower court: (a) following the Defendant’s entering the signal signal at a straight line to turn to the left from the stowing distance, the vehicle waiting for the signal at the right angle to turn to the right; (b) the victim was hicked, and the victim was driving the stove with the “s to turn to the right.”
“The Defendant changed the victim’s desire to turn to the left, and thereafter the Defendant and the victim turn to the left, and the first time, the Defendant proceeded to the left by overtaking the victim by changing the victim’s right at the speed of the two-lane. The Defendant was found to have moved to the two-lanes, and the victim’s right-to-face who was making a sudden operation of the vehicle was found to have concealed the Defendant’s vehicle. ② As to the reasons why the Defendant stopped the victim’s vehicle immediately from the two-lane after the victim’s vehicle overtakes the victim’s right-to-hand.