The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. On November 28, 2015, around 05:00 on November 28, 2015, the Defendant found the Defendant guilty of the facts charged in this case, even though he did not violate the vehicle signal while driving on the front side of the train site in the Young-gu, Busan Metropolitan City. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of two years on December 8, 2015 to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Busan District Court on the grounds of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on December 16, 2015, and the judgment became final and conclusive on December 16, 2015. Accordingly, each of the crimes of this case committed before the final and conclusive judgment and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be determined at the same time, taking into account the cases where the judgment is to be made pursuant to Article 39(1) of the Criminal Act and the mitigation or exemption of punishment

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this will be examined.

3. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence on the Defendant's assertion of mistake of facts, namely, ① Police Officers E, who controlled Defendant's signal violations, consistently stated from investigative agencies to the court of the court of the court below that " When the Defendant proceeds in the direction of the Military Manpower Administration in the direction of the Man-U.S. Military Manpower Administration, vehicle signal was red suspended report", ② The point where police officers E controlled Defendant's signal violations shall proceed to the Military Manpower Administration direction in the direction of Man-U.S. intersection.