The judgment of the court below is reversed.

The prosecution of this case is dismissed.

1. Summary of grounds for appeal;

A. The direction of the proceeding indicated on the signboard and surface at the intersection installed at the point where a misunderstanding of legal principles is involved does not constitute “safety signs with respect to prohibition or temporary suspension of traffic” under Article 3(2)1 proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case, the sentence of six months of imprisonment without prison labor imposed by the court below against the defendant and the sentence of two years of suspended execution is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person engaging in driving a vehicle of CK5 vehicles.

On May 14, 2016, the Defendant driven the above vehicle around 13:10 on the 14th day of May, 2016, and driven the front road of Songpa-gu Seoul Metropolitan Government along with the side road that does not run toward the wind-dong traditional market from the point of paying the company bank.

At this point, there is a lot of traffic in the vicinity of the market, and there is a sign indicating the direction of turning back to the intersection. On the road, there is a place indicating the direction of passing along the intersection, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is a motor vehicle traveling through the intersection by reducing the speed and checking the direction well, and to safely drive the motor vehicle in accordance with the traffic signs and direction direction, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and led the victim E who crosses the road from the right side of the road to the left side of the road due to the negligence of driving along the backway, unlike the direction of the backway intersection sign and the surface display, to the front part of the above vehicle of the Defendant.

In this regard, the Defendant’s negligence in the above business, which requires approximately 10 weeks of medical treatment, shall be subject to pressure for the victim.