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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
(a) Although the Defendant passed through a crosswalk while standing the signal signal, etc. of the vehicle on the right side of the crosswalk in a misunderstanding of fact, and the vehicle aid, etc. on the crossing, the Defendant may move by right without impeding the traffic of other vehicles in a red light under the Enforcement Rules of the Road Traffic Act;
Therefore, the defendant did not violate the signal.
B. The sentence of the lower court that is unfair in sentencing (100,000 won) is too unreasonable.
2. On July 28, 2015, the Defendant: (a) around 17:33, around July 28, 2015, driven a BMW car from the east-gu, Busan City, to the east-gu police station located in the east-gu, and proceeded by bypass.
At that time, since the vehicle auxiliary signal, etc. is installed, a person engaging in driving a motor vehicle is required to drive the motor vehicle in accordance with the signals, but the defendant operated the motor vehicle in violation of this provision.
3. The lower court found the Defendant guilty of the facts charged in full view of the evidence as indicated in the lower judgment, including the background report, each field photo, and investigation report.
4. Determination on whether a deliberation was made
A. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.
① The Defendant was proceeding toward a private distance internal intersection, and entered a separate lane consisting of two lanes to make a right-hand approach to the said intersection.
② The Defendant moved to a one-lane from the two-lanes exclusive for the right of way to the right of way, and moved to the right of way.
③ At the time of the Defendant’s right-hand route, the vehicle signal at the front side of the intersection and the vehicle aid on the right-hand side of the crosswalk were red, etc., and the pedestrian signal at the crosswalk was located immediately before the Defendant’s right-hand route was green, etc.
(b) 1) Bypassing the main signal, etc. at the front of an intersection and the vehicle support, etc. in a shape, such as a red color, etc.