The judgment of the court below is reversed.

The defendant shall be innocent.

1. Although the defendant did not violate the duty of safe driving under Article 48 (1) of the Road Traffic Act, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous.

2. The summary of the facts charged is that the Defendant is a person who is engaged in driving a Crando taxi.

At around 02:00 on April 1, 2012, the Defendant neglected the duty of safe driving, even though the Defendant was unable to drive at a speed or in a manner that would cause danger and harm to others depending on road traffic conditions and the structure and performance of the vehicle, while driving the road at a right speed and in a manner that would impede the operation of the road, according to the letter that does not keep the center line from the ebbbbbbbbbs of the south-gu, Ulsan-si.

3. Determination

A. The summary of the judgment of the court below is that the instant intersection constitutes “the intersection where it is impossible to confirm the left and the right or the right, or the traffic is heavy,” and thus, prior to entering the intersection pursuant to Article 31(2)1 of the same Act, it is difficult to view that the Defendant complied with the duty of safe driving under Article 48(1) of the same Act as long as the Defendant did not temporarily stop when entering the intersection of this case while passing through the intersection of this case, and it is difficult to view that the instant accident resulted from the Defendant’s breach of the duty of safe driving under Article 48(1) of the same Act rather than the Defendant’s breach of duty of safe driving. However, such circumstance alone does not necessarily lead

B. In light of the contents and legislative intent of Article 48 of the Road Traffic Act, which provides for the duty of safe driving of the judged driver at the trial, and Article 156 subparagraph 1 of the former Road Traffic Act (amended by Act No. 9845 of Dec. 29, 2009), which is a penal provision for the violation of such duty, in light of the purpose of the Road Traffic Act, the driver is in violation of Article 48 of the above Act.