A. The Defendant misunderstanding the facts caused the instant accident while making a left left-hand turn in the yellow fluor, which does not constitute a violation of the signal.

Nevertheless, the judgment of the court below which found the defendant guilty on the premise that the defendant violated the signal was erroneous and adversely affected the conclusion of the judgment.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. In light of the determination on the assertion of mistake of facts, according to Articles 4 and 5 of the Road Traffic Act, and Article 6(2) and 6(1) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, vehicles can turn to the left only when the vehicle signal, etc. is green at a place where the left-hand turn sign is located. Thus, if the vehicle signal, etc. is left to the left-hand turn at a place where the non-protection left-hand left-hand turn is marked, this would violate the signal.

In this case, the defendant caused the accident of this case where the victim, who was under normal conditions in accordance with the new code by negligence, who proceeded to the left turn at the intersection where the right-hand turn is installed, such as a signal at which the left-hand turn turn is installed, and therefore, the defendant's act constitutes a violation of signal under Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso of Article 3 (2) 1 of the proviso

Therefore, the defendant's assertion of facts is without merit.

B. There are favorable circumstances such as that the Defendant’s Maritime Vehicle driven by the Defendant is a member of the taxi mutual aid association.

However, due to the negligence of the Defendant caused the instant accident, such as the violation of signal, etc., a relatively heavy injury to the victim about 8 weeks prior to the occurrence of the instant accident, the victim did not agree with the victim, and the Defendant did not receive a letter from the victim, and the Defendant could have been punished by the Act on Special Cases Concerning the Settlement of Traffic Accidents, and other unfavorable circumstances, such as the Defendant’s age, sex, environment, occupation, and circumstance leading to the crime, etc.