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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal is that the vehicle traffic signals, etc. are red signals, but they do not obstruct the traffic of other vehicles and horses passing along the intersection, and they are bypass. Since the vehicle traffic signals, etc. in the intersection of this case are moving to the Seoul Arts Center to let customers on board with red signal, the defendant's act does not constitute a violation of the signal.
Nevertheless, the court below found the defendant guilty of the facts charged in this case on the ground that the defendant violated red signal. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On August 12, 2014, the Defendant was a person driving C cab, and around 04:40 on August 12, 2014, the Defendant was driving the said vehicle by using seven lanes in front of the Seoul Seocho-gu Arts Center located in Seocho-gu Seoul, Seocho-gu, Seoul at the intersection in front of the Seoul Western Arts Center, and in front of the 7-lane from the sloping surface, while driving the said vehicle by using seven lanes, the signal signal apparatus installed at the said intersection was red, but without stopping in the new name.
B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.
C. Article 4 of the Road Traffic Act provides that “The types of traffic safety facilities, the method and place in which traffic safety facilities are installed, and other necessary matters concerning traffic safety facilities shall be prescribed by Ordinance of the Ministry of the Interior.” Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act provides that “motor vehicles and horses shall stop immediately before a stop line, crosswalk or intersection: Provided, That motor vehicles and horses may pass right by without impeding the traffic of other motor vehicles and horses traveling pursuant to the new subparagraph.”
The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, the instant case.