The appeal is dismissed.

The grounds of appeal are examined.

Article 8 of the Court Organization Act provides that "Any decision made by a higher court in a trial shall bind the lower court with respect to the case in question," and Article 436 (2) of the Civil Procedure Act provides that any factual and legal decision made by the court of final appeal on the ground of reversal shall bind the lower court.

Although there is no express provision corresponding thereto in the Criminal Procedure Act, the court of final appeal, which is based on the principle of law, may intervene in the legitimacy of the judgment of the court below concerning fact-finding pursuant to Article 383 or 384 of the Criminal Procedure Act, and therefore, the court of final appeal, which is based on the principle of law, has binding force

Therefore, while rendering a judgment on the case in question, the court that was remanded from the court of final appeal shall be bound so long as new evidence is presented during the deliberation process after remanding the case and changes in the evidence relationship that forms the basis of continuous judgment occur (see, e.g., Supreme Court Decision 2008Do10572, Apr. 9, 2009). Before remanding the case, the court below affirmed the judgment of the first instance which acquitted all of the facts charged of this case on the ground that, in the absence of a stop line or crosswalk, the “sule light” as provided by Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act cannot be interpreted to mean that the “sule light” as provided by [Attachment 2] should not

The prosecutor appealed against this and appealed, and even if the remanded court did not have a stop line and crosswalk before entering the intersection, it was reversed and remanded to the purport that it is reasonable to view that the Defendant violated the signal if he did not immediately stop the yellow light at the time of the report crossing.

After remanding, the lower court (hereinafter “original trial”) convicted all of the facts charged of the instant case in accordance with the evidence duly admitted.

The above legal principles.