Whether to allow left turn at an intersection with no signal apparatus or safety mark;

The duty of an administrative agency to install and manage the signal apparatus and safety signs on a road that is required to be installed, and the vehicle, etc. is naturally followed by the signal or instruction, but the left turn at the intersection is not allowed unless there is a left turn signal or a safety sign. Rather, in light of the purport that the Road Traffic Act prescribes the method of left turn at the intersection where traffic is not controlled, the left turn at the intersection is permitted unless there is a signal apparatus or safety sign prohibiting it.

Articles 3, 5, 22, 23, and 24 of the Road Traffic Act

Defendant

Prosecutor

The prosecutor's appeal is dismissed.

The gist of the reason for appeal by the prosecutor is only a method to turn to the left at the place of accident, and it is generally prohibited, in principle, only if the left to the left is possible only when there is a signal device that permits the left to the left or a safety sign at the intersection. However, even if there is no signal device that permits the left to turn to the left at the place of accident, the court below determined otherwise, thereby affecting the conclusion of the judgment.

Therefore, under Article 3 and Article 5 of the Road Traffic Act, when the Mayor of Seoul Special Metropolitan City, etc. deems it necessary to prevent danger on the road and ensure safe and smooth flow of traffic on the road, he shall install and manage signal apparatus and safety signs, and pedestrians, vehicles and horses shall follow signals or directions indicated by signal apparatus or safety signs, and traffic signals or instructions given by police officers controlling traffic. Meanwhile, Articles 22 through 24 of the Road Traffic Act provide for traffic methods at the intersection where traffic is not controlled, and include the method of traffic at the intersection where signal and safety signs are not controlled, in full view of the above provisions, the installation and management of the signal apparatus and the traffic signs on the road where the signal apparatus and safety signs are required is an administrative agency's duty. However, the left left turn at the intersection is not allowed unless there is a signal lights or safety signs, and there is no ground to deem it not to be permitted in light of the purport of the signal apparatus and the left turn at the intersection where the traffic is not controlled.

Meanwhile, in examining the road situation of the accident site of this case, according to the actual sulfur record prepared by Nonindicted Party 1 by the Prosecutor’s Assistant Inspector, the accident site is a three-distance intersection where the two places are installed at the intersection of a narrow road, and the two places are installed at the intersection of a pedestrian signal near the narrow road, and the road of the one-way road, coming from a wider distance from the port side of the road at the intersection of the road (in the following cases, ’cherb’) and the one-way road coming from a wider distance from the front side of the road at the intersection, such as the road on the narrow road, at the intersection of the road, and the road is installed at the intersection of the two places, and the road is installed at the intersection of the narrow road, and there is no traffic signal on the narrow road, but at the same time, the road is installed at a narrow road, which is to turn to the left, and there is no traffic signal on the narrow road.

Therefore, although the above three-distances are installed, there is no signal or instruction to follow the left-hand turn from a narrow channel to a narrow channel. Under such road conditions, the above three-distance vehicle as a left-hand vehicle does not interfere with pedestrian traffic and does not interfere with the passage of a vehicle that directly turns to the front and right-hand turn in accordance with Articles 22(3), 23(1) and 24(1) of the Road Traffic Act, and if the vehicle signal of the broad path is a ongoing signal (when the pedestrian signal on both crosswalks is on the front side of the crosswalks) in such a manner that the vehicle signal of the narrow channel cannot interfere with the passage of the vehicle that turns to the front right-hand turn, the above vehicle signal of the road is turned to the front side of the narrow channel, and if the road signal of the road is changed to the front side of the road at the time of the above change to the left-hand turn, the above vehicle signal of the police station at the above time of the change to the left-hand turn-hand turn-hand, the above vehicle signal at the front.

Ultimately, in full view of the above provisions of the Road Traffic Act, road conditions at the above accident site, vehicle traffic practices, etc., it cannot be seen that the defendant violated traffic signals or safety signs, and thus, the lower court that sentenced the defendant to the same purport is reasonable and that there is no ground for appeal by the prosecutor.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Lee Jae-dam (Presiding Judge)