A. The judgment of the court below that found the Defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, even though the Defendant did not have any negligence on duty, is erroneous in the fact that the Defendant’s vehicle entered the intersection, and the Defendant’s vehicle continues to proceed as soon as possible without examining the bank.

B. Even if a person was guilty of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, the sentencing of the lower court (the fine of KRW 3 million) is too unreasonable.

2. Determination

A. 1) All vehicles intending to enter an intersection where traffic control is not performed, shall slow down in the event that the width of the intersection is wider than that of the road where the vehicle is passing, and when there are other vehicles intending to enter the intersection from the road where the width is wider, they shall yield the course to the vehicle. Thus, when the vehicle intends to enter an intersection where the traffic control is not performed on the road where the width is narrow, the vehicle should first yield the course to the vehicle where the vehicle is passing through the intersection where the width is narrow, and even if it is possible to enter the intersection first after arrival at the intersection where the traffic control is performed, the vehicle cannot pass ahead of passing to the intersection where the vehicle is going to enter the intersection where the width is wider, according to the evidence duly adopted by the court below, and the victim of the vehicle without entering the intersection or entering the intersection at the time of the direction of the direction of the road where the vehicle is located.