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The judgment of the court below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in the instant case is that the Defendant, around 03:22 May 20, 2013, operated a vehicle C (hereinafter “instant taxi”) in violation of signal at the front of the agricultural crosswalk, Dongdaemun-dong, Dongdaemun-gu, Seoul (hereinafter “instant crosswalk”).
2. The court below affirmed the judgment of the court of first instance which acquitted a pedestrian of the charges of this case on the ground that it is not sufficient to recognize that the Defendant violated the signal on the crosswalk because the signal on the crosswalk cannot be seen as a signal apparatus for vehicle operation when a pedestrian signal on the crosswalk is green, and that it does not require a temporary suspension unless a pedestrian passes the crosswalk, even if there is a stop line in front of the crosswalk, it does not require a temporary suspension.
3. However, we cannot accept the above determination by the court below for the following reasons.
According to Article 5 (1) of the Road Traffic Act, drivers of motor vehicles and riders of horses passing along a road shall follow signals displayed by traffic safety facilities (referring to signal apparatus and safety signs; see Article 3 (1) of the same Act). Article 4 of the same Act delegates to the Minister of Security and Public Administration for the kinds of traffic safety facilities, methods and places where traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities. Following such delegation, "the types of signals and signals indicated by signal apparatus" in Article 6 (2) [Attachment Table 2] of the Enforcement Rule of the Road Traffic Act refers to the types of signals indicated by signal apparatus and signals indicated by signal apparatus, and vehicles and riders of horses shall stop immediately before a stop line, crosswalk and intersection.
except that proceeds in accordance with good faith.