The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In light of the legal principle, the victim started crossing the stop line after the Defendant’s vehicle passes the stop line, and the Defendant cannot be deemed to have violated the duty to protect pedestrians, and even if the front signal is red at the time, the friendly vehicle can turn off to the intersection, so the Defendant cannot be deemed to have violated the duty to protect pedestrians.

The judgment of the court below that recognized the defendant's violation of the duty to protect pedestrians and the violation of the signal is erroneous in law.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of participation in the compliance driving lecture) is too unreasonable.

2. Determination

A. In light of the legal principles on the duty to protect pedestrians, according to the evidence duly adopted and examined by the court below, the defendant's assertion that the victim was deemed to have exceeded the stop line after entering the crosswalk at the time and place of the crime in question, and the defendant's defendant's duty to protect pedestrians is without merit.

In the case of the violation of signals, the health zone, the intersection and the crosswalk are installed along the intersection, and the signal apparatus for the vehicle is installed only at the intersection, the signal apparatus for the vehicle should be viewed as not only the passage of the vehicle to the intersection but also the passage to the crosswalk immediately before the intersection.

In such cases, the red light of the vehicle in such intersection shall be deemed to have ordered the duty of suspension in front of the intersection and the crosswalk.

If a vehicle signal for an intersection is red and without signal signals, pedestrians walk on the crosswalk, all vehicles shall stop on the crosswalk stop line and shall not make a right-way (see, e.g., Supreme Court Decision 97Do1835, Oct. 10, 1997). Therefore, where the vehicle signal for an intersection is red and the signal for an intersection is being walked at the crosswalk abutting on the intersection, a pedestrian shall walk.