All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The location where the instant accident occurred is an intersection in which traffic is not controlled (hereinafter “instant intersection”), and the width of the lane run by the Defendant at the time of the instant intersection is about 610 cm, and the width of the lane run by the victim is about 450 cm.

In other words, since the defendant is driving slowly along the lane that is a wider stop, the victim who has driven a narrow road is obligated to yield the course to the defendant who has the right of priority by the above intersection while temporarily stopping or slowly driving at the intersection of this case pursuant to Article 26 (2) of the Road Traffic Act, the accident of this case is caused by shocking the defendant's Track, who was the state of stopping by going through the intersection of this case, even though he had a duty to yield the course to the defendant who has the right of priority by going through the intersection of this case.

Therefore, the defendant was not negligent in the accident of this case.

B. The prosecutor (e.g., imprisonment without prison labor for four months and one year of suspended execution) sentenced by the lower court is deemed to be too uneasible and unfair.

2. Judgment on the Defendant’s misconception of facts or misapprehension of legal principles

A. According to the reasoning of the lower judgment and the evidence duly admitted and examined by the first instance court as to the Defendant’s assertion that the Defendant has preferential right to passage, it is recognized that the entire width of the Defendant’s road is larger than that of the entire road where the victim proceeded.

However, the determination of the wide range of one of the cross-road crossings should not be uniformly determined by the comparison of the two-road widths, but be determined by considering that the normal driver in the road is more objectively and considerably larger than the cross-road crossings by the determination, the width of the road which he/she is driving.

(See Supreme Court Decision 97Da39537 delivered on April 10, 1998, see Supreme Court Decision 97Da39537), however, a traffic accident.