The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act provides that “A vehicle or horse 1. has a stop line or a crosswalk, if any, shall immediately stop immediately before or after the intersection, and shall promptly proceed out of the intersection, if a vehicle or horse has already entered the intersection, even if a part of the motor vehicle or horse is already at the intersection.”

According to the above provision, if a vehicle has been changed to a yellow light before entering the intersection, the vehicle shall stop immediately before the intersection or the intersection, and shall not choose whether the driver of the vehicle will stop or proceed (see, e.g., Supreme Court Decision 2006Do3657, Jul. 27, 2006). 2. The court below affirmed the judgment of the first instance court which acquitted all of the charges of this case on the ground that it cannot be interpreted that if there is no stop line or crosswalk, the “sulfur light” as prescribed in Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act can not be interpreted to mean that if there is no stop line or crosswalk, it should stop immediately after the intersection.

Unlike the provisions on yellow light, vehicles and horses clearly indicate that they should stop immediately before the intersection by stipulating that they should stop on the “road, crosswalk, and immediately before the intersection” in the red light signal, unlike the provisions on yellow light, and that they should stop immediately when they enter the intersection even some of the motor vehicles at the intersection in the yellow light, the reason was that yellow light is not prohibited completely from passing through the intersection in the signal of yellow light.

According to the evidence duly admitted, the Defendant, at around 09:50 on December 11, 2016, has driven a Bsch Rexton car and driven the intersection of the front distance of the C apartment at the speed from D apartment to the southyang Eup/Myeon at the right speed from D apartment to the port in the direction of the Defendant’s proceeding.