The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) was known or recognizable that the Defendant was able to enter the intersection on the right side at the time of entering the intersection by passing the stop line. However, the Defendant breached the duty of concession driving under Article 26(3) of the Road Traffic Act.

2. In order to recognize that the Defendant violated the duty of driving at the intersection as prescribed by Article 26(3) of the Road Traffic Act, the lower court determined that: (a) based on the time the Defendant wants to enter the intersection of this case; and (b) it should be proved that the Defendant was aware or could have known that the Defendant had known of the fact; (c) in light of the purport of the Road Traffic Act, whether the Defendant violated the duty of driving at the road along the Defendant’s driving should be determined based on the stop line; and (d) considering the distance (4.5m) calculated on the basis of the speed of the immediately preceding truck in the accident immediately before the accident at the place where the truck stopped immediately after the accident of this case, the point at which the Defendant discovered the traffic distance from the right side of the stop at approximately 7.1m after the last stop; and (d) the point at which the last stop of the cargo vehicle started at the intersection of this case at the right side of the intersection of this case, the Defendant could find the above stop distance at the point above 6.