The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked and that part shall be revoked.

1. At the time of the instant accident, around September 17:38, 2019 at the time of the instant accident, the part front of the Defendant’s vehicle entering the intersection and changing course to the right side of the vehicle that entered the intersection in the vicinity of the F located in the Seoul Northern-gu, Seoul Northern-gu, and the part left side of the Plaintiff’s vehicle entering the intersection at the three-lane, following the determination on November 2, 2019 on the payment amount of the insurance money to cover KRW 818,000 for the repair cost of the Plaintiff’s vehicle, and the payment amount of the insurance money to cover KRW 818,000 for the Plaintiff’s automobile, the instant accident was caused by the joint negligence of the Defendant’s driver, and the negligence ratio is reasonable to deem that the driver of the Plaintiff’s vehicle and the driver of the Defendant’s vehicle are 60%.

(1) Where the motor vehicle signal, etc. is yellow signal, the motor vehicle shall stop immediately from the intersection, and where part of the intersection has already entered the intersection, the motor vehicle shall proceed promptly from the intersection.

(1) Article 4(1) of the Road Traffic Act, Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, the driver of the Defendant vehicle, after the vehicle signal, etc. was changed to yellow signal, entered the intersection and changed to the right side of the road, is negligent in relation to the instant accident.

(2) However, there are extenuating circumstances in which the driver of an accused vehicle changes its course in the intersection as follows:

At the time, the front vehicle of the Defendant is unable to leave the intersection in accordance with the pedestrian signal of the crosswalk at the crossing, so if the Defendant vehicle remains at the intersection, it would inevitably interfere with the course of the vehicles entering the intersection from the right side of the direction of the Defendant vehicle according to the left-hand signal, and the driver of the Defendant vehicle tried to change the course to the right side.

In addition, since the vehicle signal, etc. at the time was immediately changed or changed to red signal, the defendant vehicle driver enters the intersection at the three-lane.