The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. According to the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, in a case where a driver who commits a crime of bodily injury by occupational negligence, etc. due to a traffic accident commits the above crime by an act falling under the “case of bodily injury by occupational negligence in violation of Article 62 of the Road Traffic Act,

However, Article 62 of the Road Traffic Act provides that "the driver of a motor vehicle shall not cross, drive, or cross the expressway, etc. by driving the motor vehicle, and Article 57 of the Road Traffic Act provides that "the driver of the motor vehicle shall not cross, drive, or drive the motor vehicle on the expressway, etc." means only the expressway or motorway, and therefore, the act of internshiping on the general road shall not be included in "the case where it violates

(2) Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents (see, e.g., Supreme Court Decision 2010Do3436, Mar. 15, 2012). According to the first instance judgment, the lower court’s determination that the instant traffic accident did not fall under the case of internship in violation of Article 62 of the Road Traffic Act is justifiable in light of the aforementioned legal doctrine, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on Article

2. In full view of the provisions of Article 5 of the Road Traffic Act, Article 6(2) [Attachment 2] and Article 8(2) [Attachment 6] of the Enforcement Rule of the Road Traffic Act, the intersection where only green, yellow and red yellow lights are installed with safety signs prohibiting internships is not allowed. Thus, in a case where only straight-way and right-hand transmissions are going to a green light, it shall be deemed to fall under driving in violation of the signals displayed by signal apparatus under Article 5 of the Road Traffic Act, unless there are special circumstances.

The judgment below

The reasons are as follows.