The judgment of the court below is reversed.

The case is remanded to the Suwon District Court for the purpose of this case.

1. The gist of the prosecutor's appeal is as follows: (a) if the defendant stops in accordance with yellow signals, it is obvious that the occurrence of the traffic accident would not have occurred; and (b) the defendant's negligence in violation of the signal signals and the victim's negligence concurrently occur; and (c) the defendant's negligence in violation of the signal signals also directly caused the occurrence of the instant accident

Nevertheless, the defendant's act of violating the signal was a direct cause for the occurrence of the traffic accident in this case.

The judgment of the court below which dismissed the public prosecution of this case is erroneous by mistake.

2. Determination:

A. According to Articles 3(2)1 and 4(1)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, in the case of operating a vehicle in violation of signals displayed by signal apparatus, a public prosecution may be instituted even in the event of purchasing an insurance or mutual aid under Article 4(1) of the same Act. Here, “in the case of operating a vehicle in violation of signals by signal apparatus” refers to a case where a signal offense directly causes a traffic accident (see Supreme Court Decision 2011Do1717, Mar. 15, 2012). In other words, if it is determined that the Defendant cannot avoid the result even if he complies with the signal, the relationship between the Defendant’s negligence and the result cannot be acknowledged.

B. The following facts can be acknowledged according to the evidence duly adopted and investigated by the lower court and the first instance court.

① According to the signal cycle table at the intersection in which the instant traffic accident occurred, yellow signal at one hour shall continue for a period of five seconds.

The city bus driven by the defendant had already entered the intersection to the middle by cross-section on the basis of CCTV images (the starting point that is changed to the green signal at present) and the city bus was not yet passed by the stop line in 16:28:34 on the five seconds ago.

(2) The defendant also is also the police.