The defendant is innocent. The summary of the judgment of innocence shall be published.

1. When intending to drive a motor vehicle into the intersection where a safety mark indicating a temporary suspension or concession is marked without traffic control, the driver of any motor vehicle in charge shall temporarily stop or yield it so as not to impede the proceeding of other motor vehicles;

Nevertheless, around 16:40 on October 28, 2015, the Defendant, at the port located in Seo-gu, Busan, Seo-gu, Busan, 249, where there is no signal, etc. in front of the church, went to the intersection of the side road (hereinafter “instant intersection”) with a safety sign indicating temporary suspension at the front of the proceeding (hereinafter “the instant temporary suspension sign”) while driving a coo motor vehicle from the intersection of the side road (hereinafter “instant intersection”) and went to the instant intersection without temporarily suspending or promising the instant temporary suspension.

2. Determination

A. When intending to drive a motor vehicle into the intersection where the safety signs indicating a temporary suspension or concession are installed without traffic control, the driver of any motor vehicle in question shall temporarily stop or yield to the intersection in order not to impede the passage of other motor vehicles (Article 25(6) of the Road Traffic Act), and shall be subject to criminal punishment in the event of a violation (Article 156 Subparag. 1 of the Road Traffic Act). In this context, in order to enable all drivers of motor vehicles to temporarily stop or yield to the driver of any other motor vehicle so as not to impede the passage of other motor vehicles, the driver of any other motor vehicle is required to install a safety sign indicating a temporary suspension or concession, without traffic control.

Meanwhile, the types of traffic safety facilities, including the safety signs indicating a temporary suspension or concession, 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 Government Administration and Home Affairs (Article 4 of the Road Traffic Act). Article 8(2) [Attachment 6] of the Enforcement Rule of the Road Traffic Act enacted thereby shall be the standards for the installation of temporary suspension signs.