The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In light of the legal principles, even if the defendant was on the vehicle line with a left-hand surface at the time of the instant case, the defendant cannot be deemed to fall under the case of operating a vehicle in violation of the direction of safety signs indicating prohibition of passage or temporary suspension under Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Nevertheless, the court below erred by misapprehending the legal principles, which applied the above provision to the defendant.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents provides that a person who commits a crime by occupational negligence caused by traffic of a vehicle shall not, in principle, be prosecuted against the victim’s clearly expressed intention. However, in cases falling under any subparagraph of the proviso, the case of operating a vehicle in violation of signal apparatus provided in Article 5 of the Road Traffic Act or signals given by a police officer, etc. for traffic control or directions given by safety signs for temporary suspension.

Article 5 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) provides that " pedestrians who walk the road, drivers of motor vehicles, and riders of horses that move along the road shall follow signals or directions indicated by traffic safety facilities and signals or directions given by any of the following persons." Article 8 (1) 5 of the Enforcement Rule of the Road Traffic Act provides that "on the surface of a road: On the part of a traffic safety facility, a sign informing a road user of the details of signals, regulations, instructions, etc. on the surface with symbols, letters, or lines for the safety of road traffic," and [Attachment Table 6] provides that "on the surface of a road, a sign indicating the direction of the road and the direction of the direction of the road display and the direction of the direction of the road display: