The defendant's appeal is dismissed.

1. With regard to the violation of the Road Traffic Act, the traffic accident in this case does not occur due to the Defendant’s occupational negligence, and even though the Defendant did not inflict an injury upon C when he was aware of the Defendant’s drinking at the time of the instant case, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court related to the violation of the Road Traffic Act, the traffic accident of this case is acknowledged to have occurred by the Defendant’s occupational negligence in the course of entering the intersection of this case where the traffic control is not performed by the Defendant and C by driving each horse and car, first of all, the traffic accident of this case is acknowledged to have occurred by the Defendant’s occupational negligence in the course of the Defendant’s driving who entered the intersection of this case and was directly related to C’s occupational negligence, who did not yield the course to the vehicle of this case, going through the intersection of this case.

(1) Article 26 (1) of the Road Traffic Act provides that "the driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled shall yield the course to another motor vehicle when another motor vehicle is already traveling into the intersection." Article 26 (4) of the Road Traffic Act provides that "the driver of any motor vehicle who intends to make a left-hand turn to the right at the intersection in which the traffic is not controlled shall yield the course to another motor vehicle, if any."

② At the instant intersection where traffic control is not performed at the time of the instant case, the left turn first and the front part of the C Driving Vehicle, which was trying to enter the instant intersection, is directly linked to the front part of the right side of the Defendant’s driver’s horse which entered the instant intersection.