The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal principles 1) Passing the intersection when the vehicle signal, etc. is yellow signal does not violate the signal.

2) The Defendant raised an objection against a penalty of KRW 60,00,000, which the lower court sentenced to a fine of KRW 72,00 in excess of the amount of objection, is in itself unlawful.

3) The traffic police officer’s enforcement of traffic signal violations, which is not a control over drinking at night 10:0 hours, would abuse the police officer’s official authority under Article 166 of the Road Traffic Act.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 70,000) is too unreasonable.

2. Determination

A. 1 misunderstanding of the legal principles) Article 5 (Obligation to Comply with Signals and Instructions) (1) of the Road Traffic Act and subordinate statutes, pedestrians and drivers of horses passing along roads must follow signals and instructions conveyed by traffic safety facilities and follow signals and instructions given by any of the following persons:

1. Public officials of the national police who direct traffic (including auxiliary police officers);

Public officials of the Autonomous Police Authority (hereinafter the same shall apply) and public officials of the Autonomous Police Authority of Jeju Special Self-Governing Province (hereinafter referred to as "public officials of the Autonomous Police Authority

2. Article 6 (Signals) (1) of the Enforcement Rule of the Road Traffic Act (hereinafter referred to as "police assistants") of the Enforcement Rule of the Road Traffic Act to assist public officials of the National Police or public officials of the Autonomous Police (hereinafter referred to as "police officials") and prescribed by Presidential Decree (hereinafter referred to as "police assistants").

(2) The types of signals to be displayed by signal apparatus under paragraph (1) and the definitions thereof shall be as specified in attached Table 2.

The light in original form, such as vehicle signal, etc. for the kind of signals of the attached Table 2;

1. When a stop line exists, or a crosswalk exists, vehicles and horses shall immediately stop at the intersection or the intersection immediately, and when part of the motor vehicles and horses already enter the intersection, they shall promptly proceed out of the intersection;

2. Vehicles and horses may make a bypass;