A. Before entering the instant intersection, the Defendant temporarily suspended in accordance with the red on-and-off signals, and continued to enter the intersection by entering the intersection, while taking other driving attention.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

(b) guilty, even

Even if the court below's punishment (3 million won) is too unreasonable, it is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact, the fact that the Defendant caused the instant accident by negligence, which did not perform the duty of care to proceed with another traffic in the intersection after temporarily suspending in accordance with the on-and-off signals of the red light immediately before the intersection in the intersection.

Therefore, the conclusion of the lower judgment convicting the Defendant of the facts charged of this case is justifiable, and there is no error of law by misunderstanding facts and affecting the conclusion

The defendant's assertion of mistake is without merit.

1) The road driven by the victim vehicle is the two-way lane, and the road driven by the Defendant vehicle was the first lane, and the road driven by the victim vehicle was the main road. The signal to the intersection of this case was in the direction of both sides and the red light was on-and-off.

2) The Defendant received the front part of the victim’s vehicle as his front part, and in light of the location and shock of these two vehicles, it is clear that the victim’s vehicle first entered the intersection and then the Defendant’s vehicle entered the intersection.

3) In addition, the distance between the stop line that Defendant vehicle should temporarily stop and the point where the instant accident occurred, the chief part of the victim vehicle and the front part of the Defendant vehicle are damaged, and the same degree of damage is damaged.