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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, committed a temporary suspension under the control of the road construction, while entering the intersection, and entered the intersection without leading for temporary suspension. While the damaged vehicle contacted the central part of the vehicle driven by the Defendant at a speed of 6 to 70km, the lower court convicted the Defendant of the facts charged of the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.
B. The lower court’s sentence of an unreasonable sentencing (three million won by fine) against the Defendant is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The judgment of the court below and the defense counsel of the court below asserted that since the intersection where the instant traffic accident occurred in the court below did not exist a stop line or crosswalk, it cannot be viewed as a violation of signal under Article 5 of the Road Traffic Act even if the defendant did not temporarily stop, and the defendant cannot be deemed as a violation of signal under Article 5 of the Enforcement Rule of the Road Traffic Act, and that the defendant's temporary suspension before crossing and after entering the intersection, it cannot be deemed as a violation of signal. The court below determined as follows.
According to the description, image, and visual image of the traffic accident report (on-site survey report), although the safety signs indicating the stop line or crosswalk at the intersection in which the traffic accident in this case occurred are not indicated on the surface of the road, the attached Table 2 of the Enforcement Rule of the Road Traffic Act provides, “motor vehicles and horses may temporarily stop immediately before and after the intersection or crosswalk exists, if there is a stop line or crosswalk, and then proceed with other traffic, with due care.” Thus, if there is no stop line or crosswalk, it shall be deemed that the temporary suspension at the intersection immediately before the intersection can be made and then proceed with with with other traffic.