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The prosecutor's appeal is dismissed.
Reasons
1. Although the violation of safety signs of the grounds for appeal falls under the case of operating a motor vehicle in violation of the direction of safety signs indicating traffic prohibition under Article 3(2)1 of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the court below rendered a judgment dismissing the prosecution of this case on the ground that the motor vehicle driven by the defendant was covered by comprehensive insurance on the premise that it does not fall under this case, which affected the conclusion of the judgment by misapprehending legal principles.
2. The decision of the court below held that it is not permissible to interpret it as an analogical interpretation contrary to the principle of no punishment without the law in light of the fact that the sign of a revolving intersection is classified as a "Direction Mark" under the Enforcement Rule of the Road Traffic Act, and the content thereof is directed to drive a motor vehicle in the direction of a revolving the motor vehicle in the direction of a revolving the motor vehicle, and on this premise, dismissed the public prosecution of this case on the ground that the motor vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance under the main sentence of Article 4(1)
Even after a thorough examination of the records of this case, as long as it appears that there was no indication on the intersection of this case as to the prohibition of entry into the opposite direction on the intersection of this case, the judgment of the court below is not erroneous in the misapprehension of legal principles as otherwise pointed out by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.