The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant’s failure to temporarily stop immediately before an intersection even though the Defendant was a red and flickering signal was an urgent and inevitable case under Article 29(2) of the Road Traffic Act, and thus, the Defendant does not constitute a violation of signal signal under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

The decision was determined.

However, Article 29(2) of the Road Traffic Act merely provides that an administrative fine shall not be imposed when a signal is violated, and thus, the Defendant constitutes a violation of signal under Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

2. Article 6(2) and attached Table 2 of the Enforcement Rule of the Road Traffic Act impose the duty of temporary suspension on the grounds that “motor vehicles and horses may temporarily stop in the red light immediately preceding the intersection and proceed with due care to other traffic after temporary suspension.” Article 29(2) of the Road Traffic Act imposes the duty of temporary suspension on the emergency motor vehicles only in urgent and inevitable cases where emergency motor vehicles need to stop in accordance with this Act (road Traffic Act) or any order issued under this Act.” However, the duty of temporary suspension under Article 29(2) of the Road Traffic Act does not apply to “temporary suspension signals displayed by signal apparatus” under Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, or the duty of voluntary suspension under Article 3(2)1 of the Road Traffic Accidents Act is not applicable to “the duty of voluntary suspension under Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents,” and there is no special reason to interpret that Article 29(2) of the Road Traffic Act does not apply to “the duty of voluntary suspension 28(3).”

However, for example, Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents is applied if a person operating an emergency motor vehicle commits a news report.