(a) The case reversing the judgment of the court below that a signal apparatus such as a cross-road, etc. installed on the crosswalk at the intersection cannot be deemed to instruct the method of passage to the intersection, on the ground that there is an error of law concerning the interpretation of a signal system under the Road Traffic Act;

(b) Whether motor vehicles and horses are permitted to turn to the left, in principle, where a signal apparatus such as green, yellow or red yellow is installed at the intersection and there is no separate non-protective circuit sign (negative);

A. The case reversing the judgment of the court below on the ground that in light of the signal system and surrounding circumstances, if the signal apparatus such as a cross-road is not located at the intersection and is installed with a pedestrian signal on the crosswalk along the intersection, it shall be deemed as a signal apparatus leading the vehicle to enter or stop the crosswalk on the crosswalk by protecting the pedestrians passing along the crosswalk, and it shall not be deemed as a signal apparatus leading the vehicle to enter or stop on the crosswalk, and that the above signal apparatus shall be deemed as a signal apparatus leading the vehicle or horse passing through the intersection, when considering the signal system and surrounding circumstances, it shall be deemed as a signal apparatus leading the vehicle or horse passing through the intersection.

B. According to the provisions of Article 5 of the Road Traffic Act, pedestrians, vehicles, and horses passing along roads shall follow signals or directions indicated by signal apparatus or safety signs, and signals or directions given by police officers controlling traffic. According to the provisions of Article 4 of the Road Traffic Act and Article 5 attached Table 2 and 3 of the Enforcement Rule of the same Act, in the case of vehicles and horses, the signals indicated by signal apparatus in the case of green lights can be right-hand and right-hand turn at a place where non-protection line sign is marked. In the case of yellow lights and red lights, they can right-hand or right-hand turn at a stop line, crosswalk, crosswalk, or intersection, and immediately stop at the intersection (if they have already entered the intersection in the case of yellow lights, they shall immediately pass through the intersection). Thus, in the case of lights of green shot lights, only the signal apparatus displayed by the intersection color, green yellow and red yellow signal apparatus is installed and the left-hand turn turn is not permitted in principle.

Article 3 (2) (proviso) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 5 and 4 of the Road Traffic Act, Article 5, attached Table 2 and 3 of the Enforcement Rule of the same Act.

A

Prosecutor

Seoul Criminal Court Decision 90No2465 delivered on July 12, 1991

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Criminal Court.

We examine the prosecutor's grounds of appeal.

1. According to the reasoning of the judgment below, the point of accident is that the above crossing is opened by the intersection method of 22 meters wide or wider between the new road and the new road crossing, and the intersection method of 8.3 meters to 11.2 meters wide or wider, and the above crosswalk is installed along the intersection. On the above crosswalk, there is a green signal indicating only the straight distance, caution, and stop of the vehicle, and the yellow and red beam signal lights are installed toward both sides of the roadway, but there is no signal apparatus around the intersection, namely, the new road signal apparatus installed at or near the intersection, so if the above intersection does not have the duty to turn to the left, the defendant is not obliged to turn to turn to the left, and in light of the fact that the above intersection method and the traffic signal apparatus installed at or near the intersection method of the above intersection is not installed, and the defendant does not have the duty to turn to the left, but does not have the right to turn to the left, such as the traffic signal apparatus installed at the intersection, such as the central line or non-protecting road.

2. However, as to the original part of the crosswalk, which is the signal signal apparatus installed toward the opposite direction to each other on the above crosswalk, i.e., a new road, and the front signal apparatus installed solely for the direction of passing through the crosswalk of vehicles and horses, it is difficult to conclude that the above two crossing signal apparatus installed at the point where the accident occurred is installed on the crosswalk, and the intersection is not installed at the point where the intersection is set up at the intersection, but there is no ground to conclude that the intersection is installed only along the intersection and it is possible to view it as a signal, etc. to direct the passage along the intersection (the crosswalk at the accident point of this case is installed only on the north side of the intersection, i.e., the passage signal on the above crosswalk, and it can be concluded that the traffic signal is installed only on the passage of the above crosswalk, and it is difficult to conclude that the above crosssection and the traffic signal is within the central intersection of the road, even if the above signal apparatus is just for the reasons stated by the court below, within the central intersection with the intersection.

Rather, if the court below finds that, at the end of each of the above crosswalks, the color signal apparatus for the traffic of the crosswalks opposite to each other, is installed, and that the color signal for the traffic of the crosswalks is separately installed, leading to the direction of passing the crosswalks, and the above type red signal apparatus for the traffic of the crosswalks is considered to be the signal apparatus for the motor vehicles and horses seeking to pass the crosswalks. Therefore, if the type red signal apparatus for the traffic of the crosswalks is considered to be the signal apparatus for the motor vehicles and horses seeking to pass the crosswalks, it is unfair to install the same use signal apparatus for the same purpose of use as in two, if the type red signal apparatus installed on the crosswalks, such as the time of the original adjudication, is considered to be the signal apparatus giving instructions to the passage of the crosswalks of the motor vehicles and horses.

In addition, according to the above drawings, it is recognized that there is a stop line at the point prior to the entry of a line toward the raid side from the new road crossing. This is deemed to have designated a location to stop the vehicle or horse according to the signals of the above raidr signal apparatus installed on the crosswalk before the intersection entry. In light of this, it is reasonable to view the above routing light signal apparatus as a signal apparatus ordering the way to stop the vehicle or horse passing through the intersection.

On the other hand, pursuant to the provisions of Article 5 of the Road Traffic Act, pedestrians, vehicles, and horses passing along roads shall follow signals or directions indicated by signal apparatus or safety signs, and signals or directions given by police officers controlling traffic. According to the provisions of Article 4 of the Road Traffic Act and attached Table 2 and 3 of Article 5 of the Enforcement Rule of the Road Traffic Act, in the case of vehicles and horses, the signals indicated by signal apparatus may direct a right-hand and right-hand turn in the case of green lights, and in the case of non-protective coordinates, they may make a right-hand turn in the case of yellow lights and red lights, and immediately stop at the stop line, crosswalk, or intersection (in the case of yellow lights already entering the intersection, they shall immediately pass through the intersection), and in the case of lights of green-ciring signs, they shall be installed only in the case of the intersection color, green yellow and red signal apparatus, and in principle, they shall not be permitted to pass a right-hand turn turn.

Therefore, in this case, if the above crossing type signal apparatus installed on the crosswalk is considered to be the signal apparatus ordering the traffic method of vehicles and horses at the intersection, the defendant shall operate according to the direction of the above signal apparatus and shall not make a left-hand turn unless the turn-hand turn is marked on the road at the intersection, and the defendant shall be deemed to have caused an accident while making a left-hand turn despite the fact that the left-hand turn is not possible (However, if, in the point at which the accident occurred in this case, the driver cannot make a turn-hand turn at the intersection but the left-hand turn is permitted due to the traffic situation, such as the situation where the turn-hand turn is not impeded by the traffic police, and the left-hand turn is applied to the driver passing through the intersection, there is room to see that the vision is permitted)

Although the court below should have examined and judged the above contents and specific circumstances of the signal system more closely, it has committed an unlawful act that affected the conclusion of the judgment by interpreting the signal system under the Road Traffic Act without any name, and there is a reason to discuss this point.

3. Therefore, we reverse and remand the judgment of the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)